M/S.Balaji Industrial Company v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN W.P.No.24772 of 2015 M/s.Balaji Industrial Company, Represented by its Proprietrix Smt.P.Dhanalakshmi, No.181, Nehru Nagar, Kottivakkam Village, Chennai-600 096.

.. Petitioner Vs.

1. The District Collector, Kancheepuram District.

2. The Tahsildar, Sholinganallur Taluk Office, No.3, 1st Street, Kumaran Nagar, Sholinganallur, Chennai-600 119.

3. Mrs.Sandhiya Sunder .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 herein to issue patta to the petitioner after correcting the clerical error for the aggregate measurement of 334 Sq.Mt. (3600 Sq.Ft) of land covered by the registered Sale Deed of Document Nos.608 and 611 of 1988 on the file of the Sub-Registrar, Adyar.

For Petitioner : Mr.V.Prakash, Senior Counsel for Mr.K.Sudalai Kannu For Respondents : Mr.Akhil Akbar Ali, Govt. Advocate for RR-1 & 2 Mr.S.Rajasekar for R-3

ORDER

The petitioner has come forward with the above Writ Petition praying for issuance of a Writ of Mandamus to direct the respondents 1 and 2 herein to issue patta to the petitioner after correcting the clerical error for the aggregate measurement of 334 Sq.Mt. (3600 Sq.Ft) of land covered by the registered Sale Deed of Document Nos.608 and 611 of 1988 on the file of the Sub-Registrar, Adyar.

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2. Today, when the Writ Petition is taken up for hearing, it is stated by the learned Senior Counsel appearing for the petitioner that patta had been issued to the petitioner, but the same is issued only for lesser extent of land instead of the extent of 334 Sq.Mt. (3600 Sq.Ft.) as prayed for in this Writ Petition.

3. If the petitioner has got any grievance with regard to the patta issued for lesser extent of the area in question, it is always open for the petitioner to make necessary representation to the District Revenue Officer (DRO) concerned by producing necessary documents, and in such event, it is for the DRO to consider the representation of the petitioner after hearing the authorised representative of the petitioner-Company and their neighbours and others who are likely to be affected. Such exercise shall be done by the DRO within 30 days from the date of receipt of such representation from the petitioner and appropriate orders be passed, on merits and in accordance with law, after verifying the records.

4. With the above observations and direction, the Writ Petition is disposed of. No costs.

s/d- Assistant Registrar(CS-V) True Copy Sub-Assistant Registrar cs To

1. The District Collector, Kancheepuram District.

2. The Tahsildar, Sholinganallur Taluk Office, No.3, 1st Street, Kumaran Nagar, Sholinganallur, Chennai-600 119.

+1 CC to Mr.K. Sudalaikannu, Advocate sr 70129 +1 CC to Govt. Pleader sr 70627.

W.P.No.24772 of 2015 SP(23/10/2017) https://hcservices.ecourts.gov.in/hcservices/