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Naatchamamai v. The District Revenue Officer

Madras HC14 Mar 2025WP(MD)/6931/2025

Case brief

AI extract

What is this about?

FMB correction/restoration writ of mandamus; Survey Nos.246/12B1, 246/12B2, 246/12B3; 0.3.00 hectares; Pudupatti Revenue Village; Sivagangai Taluk/District; respondents: District Revenue Officer, Revenue Divisional Officer, Tahsildar; Article 226 Constitution; representations dated 20.02.2025 and 07.03.2025; decision on merits within 12 weeks; disposed without costs; Madras High Court Madurai Bench; Justice P.B. Balaji; W.P.(MD)No.6931 of 2025.

What did the court decide?

Writ petition disposed of with the direction that the first respondent decide the petitioner's FMB-correction application on merits and in accordance with law, if necessary after hearing interested parties, completing the exercise within twelve [12] weeks of receipt of a copy of the order; no order as to costs. ¶30

Naatchamamai Vs The District Revenue Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the first respondent (District Revenue Officer, Sivagangai) should be directed, by writ of mandamus under Article 226, to correct the FMB and restore it to its original stage for Survey Nos.246/12B1, 246/12B2 and 246/12B3 (total extent 0.3.00 hectares, Pudupatti Revenue Village, Sivagangai Taluk), pursuant to the petitioner's representations dated 20.02.2025 and 07.03.2025. +1 more

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Court's answer

The court accepted that there is force in learned counsel's submission supporting the petitioner's contention (that post-notification alteration of the FMB is statutorily barred save by civil suit), but did not itself adjudicate the statutory question, leaving the determination to the authority on merits.

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Ratio / Principle

Considering that the petitioner had already approached the authorities specifically for correction of the mistake in the FMB, the first respondent shall pass orders on the petitioner's application on merits and in accordance with law, if necessary after hearing all interested parties.

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Key takeaways

The exercise of deciding the petitioner's FMB-correction application shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of the order.ratio¶29

Detailed headnote1 paragraphs

W.P.(MD)No.6931 of 2025 (Madurai Bench of Madras High Court, P.B. Balaji J., 14.03.2025): Petitioner Naatchamamai sought a writ of mandamus under Article 226 of the Constitution directing the District Revenue Officer, Sivagangai, to correct the FMB and restore it to its original stage for Survey Nos.246/12B1, 246/12B2 and 246/12B3 (0.3.00 hectares, Pudupatti Revenue Village, Sivagangai Taluk), having represented on 20.02.2025 and 07.03.2025. She contended that the survey having already been notified, statute prohibits the authorities from altering the FMB except through a civil suit. The court found force in the submission but, without itself ruling on the statutory bar, directed the first respondent to pass orders on the petitioner's application on merits and in accordance with law, if necessary after hearing all interested parties, within twelve [12] weeks of receipt of the order. Writ disposed of; no costs.

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W.P.(MD)No.6931 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 14.03.2025

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CORAM

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THE HON'BLE MR.JUSTICE P.B.BALAJI

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W.P.(MD)No.6931 of 2025

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Naatchamamai : Petitioner

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Vs.

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1.The District Revenue Officer,

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Office of the District Revenue Officer,

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Sivagangai District – 630 562.

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2.The Revenue Divisional Officer,

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Office of the Revenue Divisional Officer,

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Sivagangai District – 630 531.

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3.The Tahsildar,

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Sivagangai Taluk Office, Sivagangai District – 630 531. : Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to correct the FMB to its original stage in Survey Nos.246/12B1, 246/12B2 and 246/12B3 total extent of 0.3.00 hectares which are situated at Pudupatti Revenue Village, Sivagangai Taluk, Sivagangai District, based on the petitioner's representation dated 20.02.2025

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W.P.(MD)No.6931 of 2025

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and consequently representation on 07.03.2025 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.R.Senthilkumar

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For Respondents : Mr.M.Lingadurai,

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Special Government Pleader

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O R D E R

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The petitioner has filed the present Writ Petition, seeking issuance of a Writ of Mandamus, to direct the first respondent to correct the FMB and restore it to its original stage. In this regard, the petitioner has made an application to the first respondent on 20.02.2025 and thereafter further representation has been given to all the respondents herein including the first respondent on 07.03.2025.

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2. The specific case of the petitioner is that survey has already been notified and the FMB could not have been changed thereafter, as there is a clear prohibition under the Statute and excepting for seeking the same by way of filing a civil suit, the authorities are not entitled to carry out corrections. The petitioner seeks only for restoration of possession as per the earlier FMB. There is force in the submission of the learned Counsel for the petitioner.

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W.P.(MD)No.6931 of 2025

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3. Considering the fact that the petitioner has already approached the authorities, more specifically for correction of the mistake in the FMB, the first respondent shall pass orders on the petitioner's application on merits and in accordance with law, if necessary after hearing all interested parties. The said exercise shall be completed within a period of twelve [12] weeks from the date of receipt of a copy of this order.

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4. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

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14.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR

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W.P.(MD)No.6931 of 2025

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