Madras High Court
P.Kamatchiammal vs The District Collector on 1 April, 2022
W.P.(MD)No.5909 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 01.04.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.5909 of 2022
P.Kamatchiammal ... Petitioner
Vs.
1.The District Collector,
Collectorate,
Dindigul District,
Dindigul.
2.The District Revenue Officer,
Collectorate,
Dindigul District,
Dindigul.
3.The Revenue Divisional Officer,
Atthur Taluk,
Dindigul District.
4.The Tahsildar,
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W.P.(MD)No.5909 of 2022
Atthur Taluk,
Dindigul District.
5.The Village Administrative Officer,
Ambathurai Village,
Atthur Taluk,
Dindigul District.
6.Murugesan ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution
of India for issuance of Writ of Mandamus, directing the
respondents 2 to 4 to resurvey the lands, rectify the mistake
committed by them in F.M.B. as well as patta and further direct the
respondents 2 to 4 to grant a separate patta in the petitioner's
name to the properties covered under the settlement deed dated
25.03.1957 executed by the petitioner's aunty adoptive mother
namely one Late.Soundammal vide document No.494/1957 on the
file of Sub Registrar, Atthur, Dindigul District in view of decree
dated 22.11.1966 in O.S.No.431/1965 on the file of District Munsif
of Dindigul.
For Petitioner : Mr.K.Rajeshwaran
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W.P.(MD)No.5909 of 2022
For Respondents 1 to 5 : Mr.D.Sasikumar
Additional Government Pleader
ORDER
***********
This Writ Petition has been filed for a Mandamus seeking for
a direction to the respondents 2 to 4 to resurvey the lands, rectify
the mistake committed by them in F.M.B. as well as patta, to issue
separate patta in the petitioner's name to the properties covered
under the settlement deed dated 25.03.1957 executed by
Late.Soundammal vide Document No.494/1957, on the file of the
Sub-Registrar, Atthur, Dindigul District and in the light of the
judgment and decree dated 22.11.1966 passed in O.S.No.431/1965,
on the file of the District Munsif Court, Dindigul, based on the
petitioner's representation dated 06.01.2022, within a time frame
to be fixed by this Court.
2.According to the petitioner, the sixth respondent has
encroached upon the petitioner's property referred to supra. The
petitioner claims ownership by virtue of a settlement deed dated
25.03.1957 registered as Document No.494/1957, on the file of the
Sub-Registrar, Atthur, Dindigul District and by virtue of a Civil
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W.P.(MD)No.5909 of 2022
Court decree dated 22.11.1966 passed in O.S.No.431/1965 on the
file of the District Munsif Court, Dindigul. Since there is a boundary
dispute and the patta for a larger extent has been issued in favour
of the sixth respondent, the petitioner has given her representation
on 06.01.2022, seeking for re-survey of the lands and to rectify the
mistake committed in the FMB as well as the patta and further
requesting for a separate patta in the petitioner's name in respect
of the properties covered under the settlement deed dated
25.03.1957. Since the said representation has not been considered
till date, the petitioner has filed this writ petition.
3.Heard Mr.K.Rajeshwaran, learned Counsel appearing for
the petitioner and Mr.D.Sasikumar, learned Additional Government
Pleader who accepts notice on behalf of the respondents 1 to 5.
4.The petitioner has filed documents along with the writ
petition including the settlement deed dated 25.03.1957 registered
as Document No.494/1957 as well as the copy of the Civil Court
decree passed on 22.11.1966 in O.S.No.431 of 1965 on the file of
the District Munsif Court, Dindigul in support of her claim. The
petitioner claims that the sixth respondent has encroached upon
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W.P.(MD)No.5909 of 2022
her property and has got a patta in excess of the lands which he is
legally entitled. The petitioner claims that there is a boundary
dispute and only in such circumstances, the petitioner has sought
for re-survey and demarcation of boundaries and for rectification of
the alleged mistake committed in the FMB as well as in the patta.
5.No prejudice would be caused to the fourth respondent if
the petitioner's representation is considered on merits and in
accordance with law after affording a fair hearing to the petitioner
and the sixth respondent as well as any other necessary party
whom the fourth respondent deems fit to enquire.
6.For the foregoing reasons, this Court directs the fourth
respondent to consider the petitioner's representation dated
06.01.2022, requesting for resurvey of the lands, rectification of
the mistake alleged to have been committed in the FMB as well as
patta and for issuance of separate patta in the petitioner's name for
the properties covered under the settlement deed dated 25.03.1957
registered as Document No.494 of 1957 and also in the light of the
Civil Court decree dated 22.11.1966 passed by the District Munsif
Court, Dindigul in O.S.No.431 of 1965 and pass final orders on
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W.P.(MD)No.5909 of 2022
merits and in accordance with law after affording a fair hearing to
the petitioner and the sixth respondent and also any other
necessary party whom the fourth respondent deems fit to enquire
within a period of three [3] months from the date of receipt of a
copy of this order. In case, there is a necessity to conduct survey of
the property, the petitioner will have to pay the necessary charges
to the fourth respondent. Any survey shall be done by the fourth
respondent only in the presence of the petitioner and the sixth
respondent and any other necessary party whom the fourth
respondent deems fit to put on notice.
7.With the above direction, this Writ Petition stands disposed
of. There shall be no order as to costs.
01.04.2022
Index : Yes / No
Internet: Yes / No
MR
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W.P.(MD)No.5909 of 2022
To
1.The District Collector,
Collectorate,
Dindigul District,
Dindigul.
2.The District Revenue Officer,
Collectorate,
Dindigul District,
Dindigul.
3.The Revenue Divisional Officer,
Atthur Taluk,
Dindigul District.
4.The Tahsildar,
Atthur Taluk,
Dindigul District.
5.The Village Administrative Officer,
Ambathurai Village,
Atthur Taluk,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5909 of 2022
ABDUL QUDDHOSE, J.
MR
ORDER MADE IN
W.P.(MD)No.5909 of 2022
01.04.2022
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