Madras High CourtWP/10298/2022disposed of

Geetha Mohanasundaram v. The Commissioner Of Land Administration

2022-04-27Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P.No.10298 of 2022 Geetha Mohanasundaram

...Petitioner

Vs.

1. The Commissioner of Land Administration, Ezhilagam, 2nd Floor, Chepauk, Chennai - 600 005.

2. The District Collector, Coimbatore District, Coimbatore - 641 018.

3. The District Revenue Officer, Coimbatore District, Coimbatore - 641 018.

4. The Revenue Divisional Officer, Coimbatore (North), Coimbatore.

5. The Tahsildar, Coimbatore (South), Coimbatore.

...Respondents

Prayer:Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to consider and pass order on petitioner's representation dated 06.04.2018 and 07.02.2022 with regard to correct the classification of S.F.No.94/4P in "A" Register of revenue records as "House sites" and to issue a Patta in respect of Plot Nos.13 and 14 in "Annai Velankanni Colony", Perur Chettipalayam Village, Perur Taluk, Coimbatore District, as approved by the Coimbatore Local Planning Authority in Lr.Na.Ka.No.634/2018/LPA/Tha dated 21.03.2018 and based on the Registered Document No.3899/1985 dated 27.09.1985 on the file of the Joint Sub Registrar Office-II, Coimbatore, within the time limit as fixed by this Court.

For Petitioner : Mr.R.Baskaradoss For Respondents: Mr.R.P.Murugan Raja Government Advocate

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to consider and pass orders on petitioner's representations dated 06.04.2018 and 07.02.2022 to correct the classification of S.F.No.94/4P in "A" Register of Revenue Records as "House sites" and to issue a Patta in respect of Plot Nos.13 and 14 in "Annai Velankanni Colony", Perur Chettipalayam Village, Perur Taluk, Coimbatore District, as approved by the Coimbatore Local Planning Authority in Lr.Na.Ka.No.634/2018/LPA/Tha, dated 21.03.2018 and based on the Registered Document No.3899/1985 dated 27.09.1985 on the file of the Joint Sub Registrar Office-II, Coimbatore, within the time limit as may be fixed by this Court.

2. The case of the petitioner is that, she had purchased a property from Mrs.Nalini, to an extent of 5173 sq.ft. in S.F.Nos.94/2 and 94/4 Part in Perur Chettipalayam Village, Perur Taluk, Coimbatore District, through a registered Sale Deed, dated 06.09.1996, vide Document No.4487/1996, on the file of the Joint Sub Registrar-2, Coimbatore, which was duly approved by the Coimbatore Local Planning Authority. Subsequent to the purchase of the aforesaid property, the petitioner's name has been included in the joint Patta in respect of S.F.No.94/2 of the aforesaid Village along with the other land owners. Despite relentless efforts of the petitioner, the authorities have not issued individual Patta for both S.F.No.94/2 and S.F.No.94/4. However, the Computerised "A" Register, states the name of the petitioner jointly in respect of S.F.No.

94/2 only, whereas in S.F.No.94/4, with an extent of 0.22.5 Hectares is wrongly entered as "Government Tharisu", and the reason for this land classification is not available in Village Records. Therefore, the petitioner made representations dated 06.04.2018 and 07.02.2022 before the first respondent, seeking to issue a direction to the authority concerned to correct the classification of S.F.No.94/4 in "A" Register of Revenue Records as "House sites" in her name in respect of Plot Nos.13 and 14 in Annai Velankanni Colony and to issue Patta in her favour. As the said representations made by the petitioner have evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3.Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representations dated 06.04.2018 and 07.02.2022 and pass orders on the same within a particular time frame that may be fixed by this Court.

4.The learned Government Advocate appearing for the

respondents has no objection for the said order being passed. 5.In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the third and fourth respondents to consider the petitioner's representations dated 06.04.2018 and 07.02.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jd/rap To