M.Arunachalam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE N.MALA M.Arunachalam ... Petitioner Vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

4.The Tahsildar, Sivagiri Taluk, Tenkasi District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to take necessary steps to rectify the mistakes found in FMB sketch in Patta No.2755 on the file of the fourth respondent in respect of the East-West measurement as 1/6

24.75 feet instead of 22.96 feet in Old S.No.12C/1A1A, New S.No.1067/3 situated at Vasudevanallur Village, Vasudevanallur Town Panchayat Limited, Sivagiri Taluk, Tenkasi District by considering the petitioner's representation, dated 23.07.2024.

For Petitioner : Mr.A.Sankararamasubramanian For Respondents : Mr.M.Muthumanikkam Government Advocate

O R D E R

This writ petition has been filed for a direction to the second respondent to take necessary steps to rectify the mistakes found in FMB sketch in Patta No. 2755 on the file of the fourth respondent in respect of the East-West measurement as 24.75 feet instead of 22.96 feet in Old S.No.12C/1A1A, New S.No.1067/3 at Vasudevanallur Village, Vasudevanallur Town Panchayat Limited, Sivagiri Taluk, Tenkasi District by considering the petitioner's representation, dated 23.07.2024.

2. The petitioner purchased the property in Old S.No.12C/1A1A, New S.No.1067/3 to an extent of 1633.5 square feet (East-West-24.75 feet, NorthSouth-66 feet) of land along with house in Door No.32 at Vasudevanallur 2/6

Village, Vasudevanallur Town Panchayat Limited, Sivagiri Taluk, Tenkasi District under sale deed, dated 13.06.2001 and he was also issued patta in Patta No.2755 by the fourth respondent. While so, the petitioner came to know that during the course of UDR settlement, the East-West measurement in respect of the petitioner's property was wrongly mentioned as 22.96 feet instead of 24.75 feet in the FMB sketch of the Revenue officials. The petitioner therefore submitted an application to the respondents on 23.07.2024 to rectify mistake in the East-West measurement in the subject property. The first respondent on receipt of the petitioner's representation, directed the fourth respondent to take necessary steps on the petitioner's representation, dated 23.07.2024.

The third respondent also sent a communication to the fourth respondent vide proceedings, dated 07.08.2024, directing the fourth respondent to take immediate steps on the petitioner's representation, dated 23.07.2024. As per G.O.(Ms).No.385, Revenue Department, dated 17.08.2004, the second respondent was the competent authority to carry out corrections in respect of the mistakes during UDR settlement. As the respondents did not take any effective steps on the petitioner's representation, the petitioner filed the writ petition for the aforesaid relief.

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3. The learned Government Advocate for the respondents submits that the fourth respondent has already initiated steps and therefore, reasonable time may be given to complete the exercise by the respondents.

4. In view of the submission made by the learned Government Advocate for the respondents, a direction is issued to the fourth respondent to complete the enquiry and send a report to the respondents 1 and 3 within a period of four weeks from the date of receipt of a copy of this order. On receipt of the report of the fourth respondent, the second respondent shall pass orders on merits and in accordance with law within a period of 8 weeks thereafter.

5. Accordingly, the writ petition stands disposed of. No costs. 14.11.2024 NCC:yes/no Index:yes/no Internet:yes/no SN 4/6

To:

1.The District Collector, Tenkasi District, Tenkasi.

2.The District Revenue Officer, Tenkasi District, Tenkasi.

3.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.

4.The Tahsildar, Sivagiri Taluk, Tenkasi District.

N.MALA, J.

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SN 14.11.2024 6/6