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Madras High CourtWP/402/2020disposed of

R.Vasu v. The Tahsildar

2021-08-27Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.08.2021

CORAM:

THE HONOURABLE Mrs. JUSTICE V. BHAVANI SUBBAROYAN W.P. No. 402 of 2020 R.Vasu .. Petitioner

Versus

The Tahsildar, O/o.Sriperumbudur Tahsildar, Sriperumbudur Taluk, Kancheepuram District - 602 105.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the Respondent to dispose Petitioner Representation dated 14.8.2019 and consequently direct the Respondent to rectify the wrong entries made in the Patta No.3465 issued in favour of the Petitioner.

For Petitioner : Ms. D.Bharathy For Respondent : Mr. K.M.D.Muhilan Government Advocate O R D E R This Writ Petition is filed for issuance of a Writ of Mandamus directing the respondent to dispose the petitioner's representation dated 14.8.2019 and consequently direct the respondent to rectify the wrong entries made in Patta No.3465 issued in favour of the Petitioner.

2. The case of the petitioner is that he purchased a property bearing Survey No.1070, at Sriperumbudur Village, to an extent of 2691 sq.ft. The said property is under his exclusive possession and peaceful enjoyment till date. It is stated that the above said property was purchased by way of sale deed Doc. No.6386 of 2007, registered at SRO Sriperumbudur. It is further stated that the petitioner applied for patta and the respondent had issued patta bearing Patta No.3465 in S.No.1070. It is stated by the petitioner that later he came to know that the total extent of land mentioned in patta issued in his favour is wrong. Hence, he approached the respondent and produced all the documents to prove his legal entitlement of the above said property to an extent of 2691 sq.ft. It is stated that the petitioner made several representations and there was no response from the respondent in rectifying the wrong entry made in the patta.

Hence, the petitioner applied for surveying the land as per the document No.6386 of 2007, but the respondent had not come forward to survey the land. Again the petitioner made a representation on 14.08.2019 and a reminder on 22.08.2019, to the respondent. Since the same was not considered, the petitioner approached this Court by way of filing this writ petition.

3. Learned counsel for the petitioner submitted that the petitioner purchased a property in Survey No.1070/11 and as per sale agreement Doc. No. 2452/2004, the total extent of the property was 2691 sq.ft. He further submitted that in the patta issued for the said property, the extent of land was wrongly mentioned and the same should be rectified. Hence, he prayed to direct the respondent to consider and pass orders on the representations of the petitioner.

4. Learned Government Advocate appearing for the respondent submits that the same may be rectified if the petitioner produces appropriate documents to show that he had purchased an extent of 2691 sq.ft., and the same should be available at the time of measurement. Hence, the petitioner may be directed to produce the layout, documents and other materials to the authorities to show that he had purchased the property to an extent of 2691 sq.ft., and the authorities may consider the same.

5. In view of the submissions made by both the counsel, this Court is of the view that the discrepancy regarding the extent of land can be rectified if the petitioner produces necessary documents and layout to the authorities. Hence, the petitioner is directed to produce necessary documents, layout of the property and other materials to the respondent. On receipt of the same, the respondent is directed to consider the documents and layout and pass appropriate orders, after giving an opportunity to the petitioner of being heard, within a period of four months from the date of receipt of a copy of this order.

With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-IV) //True Copy// Sub Assistant Registrar bkn

To The Tahsildar, O/o.Sriperumbudur Tahsildar, Sriperumbudur Taluk, Kancheepuram District - 602 105.

+1cc to the Government Pleader, S.R.No.43674 W.P. No. 402 of 2020 RLD(CO) GN(02/11/2021)