Madras High Court
K.Kathirvel vs The District Revenue Office on 21 January, 2025
Author: P.T.Asha
Bench: P.T.Asha
WP.No.1216 of 2025
In the High Court of Judicature at Madras
Dated : 21.1.2025
Coram :
The Honourable Ms.Justice P.T.ASHA
Writ Petition No.1216 of 2025
K.Kathirvel ...Petitioner
Vs
The District Revenue Office
District Revenue Office
District Collectorate Office (Campus)
Salem District. ...Respondent
PETITION under Article 226 of The Constitution of India praying
for the issuance of a Writ of Mandamus directing the respondent to
rectify the cart track measurement in the FMB in S.Nos.59/3A, 59/3E,
56/2A and 56/7A at Akkarapalayam Village, which was wrongly
mentioned as 0 width in one portion and mark the correct
measurement in that portion and mark the cart track width
measurement in the FMB in S.Nos.31 & 47/10 on considering the
petitioner representation dated 22.7.2023.
For Petitioner : Mr.A.Kumar
For Respondent : Mr.G.Velu, AGP
ORDER
The petitioner has approached this Court seeking a Mandamus to the respondent to consider his representation dated 22.7.2023 to https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2025 07:25:43 pm ) 1/5 WP.No.1216 of 2025 rectify the cart track measurement in the field measurement book in S.Nos.59/3A, 59/3E, 56/2A and 56/7A at Akkarapalayam Village, which was wrongly mentioned as 0 width in one portion and mark the correct measurement in that portion and mark the cart track width measurement in the FMB in S.Nos.31 & 47/10.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondent.
3. The case of the petitioner is that a cart track runs adjacent to his agricultural lands through S.Nos.59/3A, 31, 59/3E, 56/1A, 56/2A, 47/10, 56/7A, 55/1A, 55/2A, 55/4A and 55/5A, Akkarapalayam Village, Salem South Taluk. The cart track joins the tar road connecting Murugan Kovil and Milagai Nayakanur. However, in the field measurement book, the measurement of the cart track with reference to S.Nos.59/3A, 59/3E, 56/2A and 56/7A has been wrongly mentioned as "0" width whereas on site, it measures 7.20 meters width. The cart track begins from south north tar road situated in S.No.59/2 from Kodangi Naickanoor and ends at J.J.Nagar. However, in the field measurement book, the width of the cart track has been wrongly mentioned as "0" as against the actual measurement of 5.2 meters. https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2025 07:25:43 pm ) 2/5 WP.No.1216 of 2025
4. Likewise, the measurement in S.No.59/3A, which is 7.4 meters, has been wrongly mentioned as "0". Further, in S.No.56/7A, as against the width of 6 meters, it has been wrongly shown as "0" in the field measurement book. In the light of these glaring discrepancies, the petitioner made a representation dated 22.7.2023 to the respondent seeking to rectify the defects in the field measurement book. However, the said representation has been put to cold storage and to date, no action has been taken. Therefore, the petitioner has come forward with this writ petition.
5. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
6. The said representation of the petitioner has not been considered by the respondent for over 1 1/2 years and it clearly indicates that the respondent has failed to discharge his statutory duty. The respondent ought to have measured the cart track on site and passed orders rectifying the field measurement book after considering the said representation of the petitioner. However, he failed to do so.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2025 07:25:43 pm ) 3/5 WP.No.1216 of 2025
7. Accordingly, the writ petition is allowed and a Mandamus is issued to the respondent to dispose of the said representation of the petitioner dated 22.7.2023 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. No costs.
21.1.2025 To The District Revenue Office District Revenue Office District Collectorate Office (Campus) Salem District.
RS https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2025 07:25:43 pm ) 4/5 WP.No.1216 of 2025 P.T.ASHA,J RS WP.No.1216 of 2025 21.1.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 03/03/2025 07:25:43 pm ) 5/5