Madras High Court
T. Venkatesan vs The District Collector on 22 October, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.25148 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 22/10/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.25148 of 2024
T. Venkatesan ... Petitioner
Vs
1. The District Collector,
Tirunelveli District,
Tirunelveli..
2. The Revenue Divisional Officer,
Cheranmahadevi,
Tirunelveli..
3. The Assistant Director of Survey,
Tirunelveli.
4. The Tahsildar,
Nanguneri Taluk,
Tirunelveli. ... Respondents
1/5
https://www.mhc.tn.gov.in/judis
WP(MD). No.25148 of 2024
PRAYER :- Writ Petition, filed under Article 226 of the Constitution of
India, praying this court to issue a Writ of Mandamus, directing the
respondents 2 and 3 to complete the proceeding initiated to rectify the
mistake in the FMB in the Natham Survey No. 690/63 as per the
Judgment and decree dated 23.12.2016 passed in O.S.No. 112 of 2015,
on the file of the District Munsif Court, Nanguneri.
For Petitioner : Mr.H.Arumugam
For Respondents : Mr.D.Sadiq Raja
Additional Government Pleader
ORDER
By consent of both sides, the writ petition itself is taken up for
final disposal at the stage of admission itself.
2. The writ petition has been filed for a mandamus to direct the
respondents 2 and 3 to complete the proceeding initiated to rectify the
mistake in the FMB in the Natham Survey No. 690/63 as per the
Judgment and decree dated 23.12.2016 passed in O.S.No. 112 of 2015,
on the file of the District Munsif Court, Nanguneri.
https://www.mhc.tn.gov.in/judis
3. It is the case of the petitioner that the property originally belong
to the petitioner's grandfather and by virtue of the settlement deed dated
25.04.1923, the property is settled in his favour with specific boundaries
and extent and total extent was 2.87 cents.
4. When the matter stood thus, in a re-settlement survey in the year
1985, it is recorded that patta has been issued only in respect of 1.08
cents. Challenging the same, the petitioner has filed a suit in OS No.
112/2015 on the file of the District Munsif, Nanguneri. The suit was
decreed on 23.12.2016. Despite the judgment and decree, the re-
settlement register has not been rectified and FMB has also not been
rectified. In this regard, the petitioner has given a representation on
26.06.2024.
5. The learned Additional Government Pleader would submit that
the representation of the petitioner would be considered and orders
would be passed.
https://www.mhc.tn.gov.in/judis
6. Considering the above submissions, this writ petition is
disposed of with a direction to the respondents 2 and 3 to consider the
representation of the petitioner. It is made clear that after notice to the
petitioner and others and upon hearing both sides, the respondents 2 and
3 shall pass orders strictly in terms of the judgment and decree, since the
respondents are also party to the said suit. No costs.
22.10.2024
RR
TO
1. The District Collector,
Tirunelveli District,
Tirunelveli..
2. The Revenue Divisional Officer,
Cheranmahadevi,
Tirunelveli..
3. The Assistant Director of Survey,
Tirunelveli..
4. The Tahsildar,
Nanguneri Taluk,
Tirunelveli..
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR,J
RR
ORDER
IN
Date : 22/10/2024
https://www.mhc.tn.gov.in/judis
