J.Venkatesh v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.08.2020

CORAM

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH WP.No.11274/2020 J.Venkatesh ..

Petitioner

Versus

1.The District Revenue Officer Chennai District.

2.The Revenue Divisional Officer Guindy Revenue Division, Chennai District.

3.The Tahsildar Alandur Taluk, Chennai District.

..

Respondents Prayer:-Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the 2nd respondent to hold summary enquiry pursuant to the petitioner's representation dated 05.06.2020 made to the 1st respondent, which subsequently forwarded to 2nd respondent on 22.07.2020 vide communication in Ref.No.Na.Ka.En.11552/2020/J1 seeking rectification of wrong entry of name in computer patta and restore the petitioner's name in Survey No.377/2, and 377/3, Manapakkam Village, Alandur Taluk, as per patta No.1346 originally entered in his name, within a time frame as may be fixed by this Court.

For Petitioner :

Mr.R.Veeramani For Respondents:

Mr.M.Mani Gopi, GA

ORDER

(1)This writ petition has been filed for the issue of a writ of mandamus directing the respondents to act upon the representation made by the petitioner on 05.06.2020 and to carry out the necessary correction by removing the wrong entry and restore the name of the petitioner in the Computer Patta. (2)The case of the petitioner is that the petitioner is the absolute owner of the subject property by virtue of a registered Sale Deed dated 27.01.2004. It is also seen that a patta was granted in favour of the petitioner by the Tahsidlar,

vide proceedings dated 31.03.2004. The Encumbrance Certificate that has been filed for the period from 01.01.2000 to 09.03.2020 shows that the subject property has not been dealt with by the petitioner except executing a Mortgage Deed in favour of the Union Bank of India in the year 2004. The petitioner while applying for the Computerised Patta, found that a wrong entry has been made in the name of one Madhavan. The petitioner, therefore, made a representation on 05.06.2020, requesting the respondents to correct the mistake and to issue a computerised patta in favour of the petitioner. Since the same was not acted upon, the present writ petition has been filed before this Court seeking appropriate direction. (3)Heard the learned counsel for the petitioner and Mr.M.Mani Gopi, learned Government Advocate accepting notice on behalf of the respondents.

(4)Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to respondents 2 and 3 to act upon the representation made by the petitioner on 05.06.2020 and deal with the same strictly in accordance with law and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order. If respondents 2 and 3 find that there is any other interested party, necessary notice shall be issued to the concerned person before conducting enquiry and passing orders. The petitioner is directed to make a fresh representation to respondents 2 and 3 along with a copy of the representation dated 05.06.2020 and all the documents along with a copy of this order.

(5)The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (CS-VIII) //True Copy// Sub Assistant Registrar AP To 1.The District Revenue Officer Chennai District.

2.The Revenue Divisional Officer Guindy Revenue Division, Chennai District.

3.The Tahsildar Alandur Taluk, Chennai District.

+1cc to Mr.R.Veeramani, Advocate, S.R.No. 28270 +1cc to the Government Pleader, S.R.No. 28509 WP.No.11274/2020 SVI(CO) GN(16/09/2020)