W.P.No.39207 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.01.2025 CORAM: THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.No.39207 of 2024 W.M.P.No.42463 of 2024 Y.Narasimmaiah ...Petitioner Vs 1.The District Collector, Thiruvallur District, Thiruvallur – 602 001. 2.The District Revenue Officer, Thiruvallur District, Thiruvallur – 602 001. 3.The Revenue Divisional Officer, Tiruthani Thiruvallur District. 4.The Tahsildar, Pallipattu, Thiruvallur District. ...Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, calling for the records of the 2nd respondent bearing No.Na.Ka.11070/2022/B1 dated 14.10.2024 and quash the same and to direct the 2nd respondent to rectify the error crept in the FMB in describing the extent of the property admeasuring 0.73.0 hct comprised in survey No.43/2 and 0.86.5 hct 1/7 https://www.mhc.tn.gov.in/judis W.P.No.39207 of 2024 comprised in Survey No.43/3, Nochili Village, Pallipet Taluk, Tiruvallur District on the basis of the report of the 4th respondent bearing Na.Ka.2232/2021/B1 dated 06.12.2021 and confirmed by the third respondent by communication dated Na.Ka.4315/2021/A4, dated 18.03.2022. For Petitioner : Mr.I.Dhamodharan For Respondents : Mr.A.Selvendran Special Government Pleader ORDER The Writ Petition has been filed for the following relief:- To quash the proceedings of the 2nd respondent bearing No.Na.Ka.11070/2022/B1 dated 14.10.2024 and to direct the 2nd respondent to rectify the error crept in the FMB in describing the extent of the property admeasuring 0.73.0 hct comprised in survey No.43/2 and 0.86.5 hct comprised in Survey No.43/3, Nochili Village, Pallipet Taluk, Tiruvallur District on the basis of the report of the 4th respondent bearing Na.Ka.2232/2021/B1 dated 06.12.2021 and confirmed by the third respondent by communication dated Na.Ka.4315/2021/A4, dated 18.03.2022. 2/7 https://www.mhc.tn.gov.in/judis W.P.No.39207 of 2024 2.The brief facts which is culminated in Writ Petition is herein below set out:- The petitioner is the owner of the property measuring an extent of 0.86.5 hectares comprised in S.No.43/3, Nochili village, Pallipet Taluk, Tiruvallur District. It is the case of the petitioner that the measurement of the land has been rightly set out in the patta, chitta and adangal. However, in the FMB maintained by the Taluk Authority measurement of the property is shown as 0.73.0 hectare in S.No.43/3 and 0.86.5 hectare comprised in S.NO.43/2. Immediately the petitioner has made a representation on 06.02.2021 to the Revenue Divisional Officer for correction. He inturn has forwarded the communication to the fourth respondent to conduct enquiry and submit a report. Accordingly, the fourth respondent has conducted a detailed enquiry and submitted a report dated 06.02.2021 in his proceedings bearing Na.Ka.No.2232/2021/B1 confirming that the mistake has crept into the measurement in the FMB in respect of S.No.43/2 and 43/3. Thus, the measurement have been interchanged. The third respondent has also communicated the same to the second respondent by its letter dated 18.03.2022. In his communication the third respondent had informed the second respondent about the mistake and describing the extent of the 3/7 https://www.mhc.tn.gov.in/judis W.P.No.39207 of 2024 property and opined that the FMB register had to be rectified. 3.Since, the respondents had not proceeded further in the matter the petitioner was constrained to file W.P.No.15732 of 2024 on the file of this Court. By order dated 20.06.2024, this Court was pleased to direct the second respondent to pass orders on merits within a period of two months from the date of receipt of copy of this order. After the receipt of the order, the impugned order has been passed. The petitioner has also filed O.S.No.26 of 2021 in respect of the said property for a declaration and consequential reliefs. This was decreed in favour of the petitioner on 19.08.2005. That apart in the impugned order the second respondent would state that 0.87.0 hectares belong to Naga Padmini wife of Jayaramalu. However, the patta issued by the Revenue Authorities would clearly show that Naga Padmini was entitled only to an extent of 0.77 hectares. The second respondent has not taken into consideration the report of the fourth respondent and has passed the impugned order rejecting the petitioner's claim. Aggrieved, thus, the petitioner is before this Court. 4/7 https://www.mhc.tn.gov.in/judis W.P.No.39207 of 2024 4.Heard the learned counsels on either side. The learned Special Government Pleader takes notice on behalf of the respondents. 5.The fourth respondent in his report dated 06.12.2021 had submitted as follows:- vdnt. nkw;go tUtha; Ma;thsh; mwpf;ifapd; mog;gilapYk;. fpuhk eph;thf mYtyh; thf;FK:yj;jpd; mog;giapYk;. FWtl;l epy msth; mwpf;if mog;gilapYk;. Mtz';fs; kw;Wk; tprhuizapd; mog;gilapYk;. nkw;go fpuhk g[y vz; 43-2 bkhj;jg;gug;g[ 0/86/5 Vh;!; epyk; kw;Wk; fpuhk g[y vz;/43-3 bkhj;jg;gug;g[ 0/73/0 Vh;!; epyk; g[y tiug;glj;jpy; FMB tp!;jPuzk; jtWjyhf khwp te;Js;sij. behr;rpyp (nk) fpuhk g[y vz; 43-2 bkhj;jg;gug;g[ 0/73/0 Vh;!; epyk; kw;Wk; fpuhk g[y vz; 43-3 bkhj;jg;gug;g[ 0/86/5 Vh;!; epyk; vd g[y tiug;glk; FMB y; jpUj;jk; bra;ayhk; vd;gij ghpe;Jiu bra;J tprhuizf;fl;Lf;fs; ,j;Jld; ,izj;J mDg;gp itf;fpnwd; vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/ 6.The second respondent has made a reference to this report only in the reference column. However he has not taken into consideration the said report and has not even referred to the same. The report of the fourth respondent has been submitted after a detailed enquiry. That apart, the petitioner's title to the property in question with respect to the measurements of an extent of 0.86.5 hectares has been declared in the 5/7 https://www.mhc.tn.gov.in/judis W.P.No.39207 of 2024 judgment and decree in O.S.No.26 of 2021 on the file of the learned District Munsif, Pallipattu. All these facts have not been correctly considered by the second respondent. Therefore, the order of the second respondent fails for a non-application of mind and is totally misconceived. Therefore, the Writ Petition is allowed. The impugned order of the 2nd respondent bearing No.Na.Ka.11070/2022/B1 dated 14.10.2024 is set aside and the second respondent is directed to correct the FMB sketch within a period of four weeks. 7.Accordingly, the Writ Petition is allowed with the above directions. No costs. Consequently, connected miscellaneous petition is closed. 06.01.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order ep P.T.ASHA , J, ep 6/7 https://www.mhc.tn.gov.in/judis W.P.No.39207 of 2024 To 1.The District Collector, Thiruvallur District, Thiruvallur – 602 001. 2.The District Revenue Officer, Thiruvallur District, Thiruvallur – 602 001. 3.The Revenue Divisional Officer, Tiruthani Thiruvallur District. 4.The Tahsildar, Pallipattu, Thiruvallur District. W.P.No.39207 of 2024 W.M.P.No.42463 of 2024 06.01.2025 7/7 https://www.mhc.tn.gov.in/judis