Back
2014 Supreme(Mad) 3684
Before the Madurai Bench of Madras High Court
M. VENUGOPAL, J.
M. Magendran
Versus
The District Collector, Thanjavur & Others
W.P.(MD)No. 16751 of 2013
Decided On: 14-10-2014
For the Petitioner:D. Rajagopal, Advocate.
For the Respondents:M. Rajarajan, Government Advocate.
Headnote:
Rectification - Pathway Measurement - The court directed the District Revenue Officer to consider the petitioner's representations and rectify the measurement of the pathway, ensuring fair and just consideration.
Fact of the Case:
The petitioner requested rectification of the measurement of a pathway in Survey No.21/3, citing discrepancies in the records and potential encroachment on his land.
Finding of the Court:
The court directed the District Revenue Officer to consider the petitioner's representations and rectify the pathway measurement within four weeks, ensuring fair and just consideration.
Issues: Rectification of pathway measurement based on petitioner's representations.
Ratio Decidendi: Equity, fair play, and natural justice principles influenced the court's decision to direct the rectification of the pathway measurement.
Final Decision: The Writ Petition stands disposed of with the direction to the District Revenue Officer to consider the petitioner's representations and rectify the pathway measurement within four weeks.
1. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents.
2. According to the petitioner, he made representations on 08.09.2014 and 26.09.2014 before the respondents 1 to 4 making a request to take appropriate action in rectifying the measurement of the existing pathway in Survey No.21/3, Viachery Village, Papanasam Taluk, Thanjavur District and to correct the mistake from 2.6 meters and to restore the correct measurement as 1 1/4 kajam (1.3 meters) by considering his representations as stated supra.
3. The plea of the petitioner is that in the revenue records of the year 1922 and the sketch, it is mentioned that the pathway in Survey No.21/3 measuring an extent of 1 1/4 kajam (1.3 meters) which was subsequently in the year 1987 while taking UDR proceedings, the said pathway was wrongly mentioned as 2.6 meters instead of 1 1/4 kajam (1.3 meters). Further more, the mentioning of 2.6 meters breadth in respect of the pathway will affect his right and the pathway mentioning as 2.6 meters cannot be formed without encroaching upon the petitioner's patta land. As such, the update conducted in the year 1987 has to be rectified and the existence of pathway on reality is only 1 1/4 kajam (1.3 meters) and the same has to be restored, otherwise the petitioner will be put to serious prejudice and great hardship.
4. In view of the fact that the prayer of the petitioner in the present writ petition is limited in nature viz., to the effect that the respondents are to consider his representations dated 08.09.2014 and 26.09.2014, this Court on the basis of equity, fair play, good conscience and even as a matter of prudence, directs the second respondent/District Revenue Officer, Thanjavur District (who is purported to be the appropriate Officer) to consider the representations of the petitioner as stated supra within a period of four weeks from the date of receipt of a copy of this order. Of course, after providing adequate opportunities to the petitioner and others concerned if any by adhering to the principles of natural justice. It is made clear that the second respondent/District Revenue Officer, Thanjavur District is directed to pass a fair, just order on merits by taking into consideration of the petitioner's representations dated 08.09.2014 and 26.09.2014 respectively in a dispassionate manner uninfluenced with any of the observations made by this Court.
With the aforesaid direction, the Writ Petition stands disposed of. No costs.
