K.Shanmugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.04.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.Shanmugam .. Petitioner Vs.

1.The District Collector, Kancheepuram, Kancheepuram District.

2.The Tahsildar, Sriperambudur Taluk, Kancheepuram District.

3.The Village Administrative Officer, Somangalam Post, Kundrathur Taluk, Kancheepuram District.

4.17.L.Sundaraj 5.E.Manavalan 6.A.Rangasamy 7.K.Vedagiri .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to 1/6

consider petitioner's representation dated 07.01.2025 to change the Survey No.39/6B to "Survey Number 39/3, at Karunakaracheri Village, Sriperumbudur Taluk, Kanchipuram District in the revenue records pertaining to petitioner's property which was purchased by the petitioner by the way of Sale Deed dated 10.11.2008 bearing document No.14172 of 2008 on the file of SRO, Sriperumbudur and to mutate the patta number 68 in petitioner's name after conducting due enquiry regarding the same.

For Petitioner :

Mr.P.Balamurugan For RR 1 to 3 :

Mr.A.Selvendran Special Government Pleader

O R D E R

This writ petition has been filed for the issue of writ of mandamus directing the 2nd respondent to consider the representation made by the petitioner on 07.01.2025, wherein the petitioner is seeking for correction in the Survey Number as Survey No.39/3 instead of 39/6B. 2.Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondents 1 to 3. 3.The learned Special Government Pleader appearing for the official respondents submitted that the sale deed that was executed in 2/6

favour of the petitioner shows that the petitioner had purchased Survey No.39/3 & 39/6B. Therefore, if the petitioner wants the Survey Number to be correctly mentioned in the patta as 39/3, the petitioner has to make necessary rectification in the sale deed and thereafter present an application and it will be acted upon and necessary corrections will be made in the patta.

4.The learned counsel for the petitioner submitted that the sale deed was executed in favour of the petitioner in the year 2008 and the original vendor has died and the legal representatives are not coming forward to rectify the mistake. The learned counsel for the petitioner further submitted that the parent document and also the patta that was issued earlier in the name of the vendor carries the Survey No.39/3. Therefore, the learned counsel submitted that the petitioner will submit a sworn affidavit along with all the relevant documents and necessary directions can be issued to the 2nd respondent. 5.Taking into consideration the facts and circumstances of the case and the materials placed before this Court and considering the grievance expressed by the petitioner, there shall be a direction to the petitioner to 3/6

file a sworn affidavit before the 2nd respondent along with all the parent documents and also the patta that was earlier issued in the name of the vendor. The same shall be acted upon by the 2nd respondent and necessary corrections shall be made in the patta by mentioning the Survey No. as 39/3. In the sworn affidavit, the petitioner will state that due to the rectification / correction of the survey number, if there are any consequences, the Tahsildar will not be made responsible for the same and the petitioner will have to handle the consequences. An indemnity clause to that effect shall be added in the sworn affidavit. Necessary orders shall be passed by the 2nd respondent within a period of four (4) weeks from the date of receipt of a copy of this order. 6.In the result, this Writ Petition is disposed of with the above directions. No costs.

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To 1.The District Collector, Kancheepuram, Kancheepuram District.

2.The Tahsildar, Sriperambudur Taluk, Kancheepuram District.

3.The Village Administrative Officer, Somangalam Post, Kundrathur Taluk, Kancheepuram District.

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N.ANAND VENKATESH, J.

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