M.Alex v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY M.Alex ... Petitioner Vs.

1. The District Collector, Theni District Theni.

2. The Revenue Divisional Officer, Uthamapalayam Division, Theni District.

3. The Tahsildar, Uthamapalayam Taluk Theni District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the third Respondent to Update proper PME sketch, as per the boundaries of the registered Sale Deed in D.No.2395/2011 on 18.10.2011, consequently Survey and Demarcate the property in Survey No. 9/9, with an extend of 1296 Sq. Fts Situated in Rayappan Patti village, Uthamapalayam Taluk, Theni District based on the application No 2025/0123/25/004911 dated and pass 31.05.2025 and representation dated 28.08.2025. For Petitioner :Mr. A.Joseph Jerry 1/5

For Respondents :Mr.B.Saravanan Additional Government Pleader

O R D E R

By this writ petition, the petitioner seeks a direction to the third respondent to update the FMB sketch as per the boundaries shown in sale deed bearing Document number 23952011 and to conduct a survey of the extent of 1296 square feet in Survey No.9/9.

2. Learned counsel for the petitioner relies on sale deed dated 18.10.2011 bearing Document No.2395 of 2011. He submits that Survey No.9/2 was subsequently subdivided and that a separate patta was issued to the petitioner under Patta No.2622 for an extent of 1.20 ares. By referring to the FMB sketch, learned counsel submits that an error has been committed in preparing this sketch. Consequently, he states that the petitioner is entitled to the relief claimed.

3. Learned Additional Government Pleader submits that an appeal is pending in relation to the property bearing original Survey No.9/2. Consequently, he submits that it is necessary to put all the parties thereto on notice before any action is taken on the petitioner's request. 2/5

4. Sale deed dated 18.10.2011 refers to 1296 square feet in Survey No.9/2 of a total extent of 1 acre 66 cents. Since the grievance of the petitioner is with regard to the FMB sketch, it becomes necessary to identify exactly where the 1296 square feet of the petitioner's land is located in original Survey No.9/2. For such purpose, it would be necessary to put all the owners of original Survey No.9/2 on notice.

5. Accordingly, this writ petition is disposed of by directing the third respondent to consider the petitioner's request after putting all persons, who would be affected by such survey, on notice. The process shall be completed within four months from the date of receipt of a copy of this order. No costs.

11.09.2025 NCC :No Internet :Yes Index :No PKN 3/5

To

1. The District Collector, Theni District Theni.

2. The Revenue Divisional Officer, Uthamapalayam Division, Theni District.

3. The Tahsildar, Uthamapalayam Taluk Theni District.

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SENTHILKUMAR RAMAMOORTHY, J.

PKN 11.09.2025 5/5