Pichaimani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Pichaimani

...Petitioner

/Vs./

1. The District Collector, Tiruchirapalli, Tiruchirapalli District.

2. The Revenue Divisional Officer, Musiri Taluk, Tirucirapalli District.

3. The Thasildar, Musiri Taluk, Tiruchirappalli District.

4. Senthil Kumar ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 18.10.2024 to rectify the mistake crept in FMB in Survey No.412/1C2B in Pullivalam Village at Musiri Taluk in Trichy District within the period that may be stipulated by this Court. 1/6

For Petitioner : Mr.V.Vishnu For Respondents : Mr.A.Kannan (R1 to R3) Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 3 to consider the petitioner's representation dated 18.10.2024 to rectify the mistake crept in FMB with respect to the property in Survey No.412/1C2B situated at Pullivalam Village, Musiri Taluk, Trichy District within a time frame to be fixed by this Court.

2. Heard the learned counsel on either side and perused the materials placed before this Court.

3. The petitioner acquired the subject property under the settlement deed dated 24/11/2021, which was executed by his father in favour of the petitioner and his siblings. Eversince the settlement, the petitioner is in peaceful possession and enjoyment of the subject property. There is also 6 feet common pathway. While that being so, the 2/6

fourth respondent, who is the adjacent owner of the subject property, approached the third respondent for transfer of patta. While transferring patta in favour of the fourth respondent, instead of issuing patta for the extent of 0.01.5 ares, patta was erroneously issued for the extent of 2 ares including the common pathway. The petitioner therefore approached the third respondent to rectify the mistake in the patta. Since no action was taken on the petitioner's request, the petitioner sent a representation on 18.10.2024. Even thereafter, no action was taken. The petitioner therefore filed the above writ petition for the aforesaid relief.

4. The learned counsel appearing for the petitioner submits that though a larger relief has been prayed for, it would suffice if a direction is issued to the third respondent to dispose of the petitioner's representation dated 18.10.2024, with the timeframe to be fixed by the Court.

5. Considering the limited relief sought for by the learned counsel appearing for the petitioner, a direction is issued to the third respondent to dispose of the petitioner's representation dated 18.10.2024 on merits 3/6

and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is disposed of. No costs.

10.12.2024 Index : Yes / No NCC : Yes / No Sm 4/6

TO:

1. The District Collector, Tiruchirapalli, Tiruchirapalli District.

2. The Revenue Divisional Officer, Musiri Taluk, Tirucirapalli District.

3. The Thasildar, Musiri Taluk, Tiruchirappalli District.

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N.MALA, J.

Sm Order made in Dated:

10.12.2024 6/6