Madras High CourtWP/17598/2025disposed of

K.Ramayee v. The District Collector

2025-06-04Honourable Mr Justice Mohammed Shaffiq7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Ramayee ... Petitioner Vs.

1. The District Collector, Salem, Salem District.

2. The District Revenue Officer, Salem, Salem District.

3. The Revenue Divisional Officer, Mettur, Salem, Salem District.

4. The Tahsildar, Mettur, Salem, Salem District.

5. The Zonal Deputy Tahsildar, Mettur Dam, Salem, Salem District.

6. The Village Administrative Officer, Soorappalli Village, Mettur Taluk, Salem District - 636 501.

7. The Head Surveyor, Mettur, Salem, Salem District.

8. The Circle Surveyor, Nangavalli Circle, Mettur Taluk, Salem District.

9. S.Mohanraj ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 2 to 4 to rectify the erroneous entry of total extent as 0.0253 sq.mtr mentioned in patta transfer proceedings in P.M.P.D.No.6(2)/424/20/B3/2020 dated 24.07.2020 and issue patta with correct extent of 0.0273.65 sq.mtr or 2945 1⁄2 sq.ft comprised in New Survey No.435/7 situated at Soorappalli Village, Kuppampatti Post, Mettur Taluk, Salem District by considering the petitioner's representation dated 11.04.2025. For Petitioner :

Mr.K.Prabhakaran For Respondents :

Mr.P.Sathish Addl. Govt. Pleader for R1 to R8

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the respondents 2 to 4 to act upon the representation made by the petitioner on 11.04.2025 wherein the petitioner is seeking for rectification of the entries in the patta transfer proceedings.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to ninth respondent is dispensed with.

3. The main grievance of the petitioner is that the petitioner purchased the property measuring to an extent of 2945 1⁄2 sq.ft comprised in Old Natham Survey No.84/1 and New Survey No.435/7, bearing Patta No.54 situated at Soorappalli Village, Kuppampatti Post, Mettur Taluk, Salem District by way of registered sale deed dated 16.02.1994 and the patta has been transferred in the name of the petitioner by the fifth respondent in his proceedings in P.M.P.D.No.6(2)/424/20/B3/2020 dated 24.07.2020. However, in the patta transfer proceedings, the fifth respondent mistakenly

mentioned the total extent of property as 0.0253.0 sq.mtr instead of 0.0273.65 sq.mt or 2945 1⁄2 sq.ft. Hence, the petitioner has given a representation on 11.04.2025. Since the same was not acted upon, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader for official respondents that they will consider the petitioner's representation and measure the petitioner's land and survey the same after issuing notice to the ninth respondent within a period of twelve weeks from the date of receipt of a copy of this order, which was agreed to by the learned counsel for petitioner. He further submits that in case, the ninth respondent has any objection, they would consider the same before passing any orders.

5. Taking into consideration the facts and circumstances of the case and considering the fact that there is a mistake occurred in patta transfer proceedings, which is sought to be corrected, there shall be a direction to the concerned respondent to consider the representation dated 11.04.2025 and

carry out a survey, measure the subject property and complete the process within a period of twelve weeks from the date of receipt of a copy of this order after giving affording an opportunity of hearing to the petitioner, ninth respondent, adjacent land owners including rival claimants if any and also putting all interested parties on notice and if the ninth respondent has any objection, a copy of the same shall be furnished to the petitioner and any other interested parties. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector,

Salem, Salem District.