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Madras High CourtWP(MD)/28094/2024disposed of

Fathimuthu Johara v. The District Collector

2024-11-26Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA and WMP(MD)No.23843 of 2024 Fathimuthu Johara ... Petitioner /Vs./ 1.The District Collector, Office of the Collectorate Building, Thoothukudi District.

2.The Revenue Divisional Officer, Office of the Revenue Division Officer, Tiruchendur, Thoothukudi District.

3.The Tahsildar, Office of the Tahsildar, Eral Taluk, Thoothukudi District.

4.Syed Mariyam Sabika ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the second respondent to conclude the enquiry in his proceedings No.Na.Ka.A1/175/2024 dated 20.08.2024 so as to rectify the measurement in FMB and patta in connection with S.No.59A/11 at Puraiyur Village, Eral Taluk, Thoothukudi District within time frame as fixed by this Court. For Petitioner : Mr.D.S.Haroon Rasheed For R1 to R3 : Mr.A.Kannan Additional Government Pleader 1/5

ORDER

This Writ Petition is filed for issuance of Writ of Mandamus directing the second respondent to conclude the enquiry in his proceedings No.Na.Ka.A1/175/2024 dated 20.08.2024 so as to rectify the measurement in FMB and patta in connection with S.No.59A/11 at Puraiyur Village, Eral Taluk, Thoothukudi District within time frame as fixed by this Court.

2. The petitioner is residing in S.No.59A/11 in Puraiyur Village, Eral Taluk, Thoothukudi District along with the children. The petitioner's husband is working in Chennai. The petitioner acquired the subject property under a sale deed dated 01.07.2004. In the sale deed, the extent of the subject property is mentioned as 1590 sq. ft but the petitioner claimed that patta and FMB measurement was different. The petitioner states that since 1988 to 2024, the extent is clearly established that 1519 sq. ft. Due to some error, the extent was variated in patta and FMB. The petitioner therefore filed an application to the second respondent and the same was taken on file in Na.Ka.No.A1/175/2024 . During the pendency of the application, the private respondents tried to conduct a survey and 2/5

so the petitioner gave a representation to the respondents on 23.10.2024. As no fruitful action was taken, the petitioner filed the above Writ Petition for the aforesaid relief.

3. It is seen that the petitioner's application is kept pending since 01.07.2024, and therefore, I am inclined to issue a direction. Accordingly, the third respondent is directed to conclude the enquiry in his proceedings in Na.Ka.A1/175/2024 in pursuance of the petitioner's representation dated 23.10.2024 within a period of twelve weeks from the date of receipt of a copy of this order. It is needless to state that the respondents shall give notice of hearing to the fourth respondent while disposing the petitioner's representation.

4. With the above direction, this Writ Petition is disposed of. No costs.Consequently, connected miscellaneous petition is closed. 26.11.2024 Index : Yes / No NCC : Yes / No CM 3/5

TO:

1.The District Collector, Office of the Collectorate Building, Thoothukudi District.

2.The Revenue Divisional Officer, Office of the Revenue Division Officer, Tiruchendur, Thoothukudi District.

3.The Tahsildar, Office of the Tahsildar, Eral Taluk, Thoothukudi District.

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N.MALA, J.

CM Order made in and WMP(MD)No.23843 of 2024 Dated:

26.11.2024 5/5