Yasoda v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2016

CORAM

THE HON'BLE Mr. JUSTICE R.MAHADEVAN W.P.No.1989 of 2016 Yasoda [ Petitioner ] Vs

1. The District Collector, Krishnagiri District, O/o. The Collectorate, Krishnagiri.

2. The District Revenue Officer (Uthangarai) O/o. District Revenue Department, Krishnagiri District, Krishnagiri.

3. The Tahsildar, O/o. The Uthangarai Tahsildar Office, Uthangarai, Krishnagiri District.

[Respondents] Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 3rd respondent herein to dispose of the petitioner's representation dated 26.10.2015 within a stipulated time frame. For Petitioner ..

Mr.K. Balasubramaniam For Respondent ..

Mr.S. Pattabiraman Government Advocate

ORDER

The petitioner has come forward with this Writ Petition to direct the 3rd respondent herein to dispose of the petitioner's representation dated 26.10.2015 within a stipulated time frame.

2. Heard Mr.K.Balasubramaniam, learned counsel appearing for the petitioner and Mr.S.Pattabiraman, learned Government Advocate appearing for the respondents .

3.The petitioner acquired the lands in Survey No.73/3B and 76/4A, measuring 1.38 acre and 0.70 acres respectively from his father through a registered settlement deed dated 24.4.1980. He has also purchased land measuring 0.44 acre in Survey No.76/4B in the year 1981. The above said lands are now under cultivation by the petitioner.

4. It is the case of the petitioner that he was issued with patta in the year 2003 as per patta No.8, in which, acre 1.38 cents was shown for Survey No.73/3B as per the settlement deed executed by his father. Whileso, when the petitioner applied for computerized patta , for Patta No.8, it was shown as 0.93 cents instead of acre 1.38 cents in S.No.73/3B. Therefore, the petitioner gave a representation on 26.10.2015 to the respondents seeking for measuring the Survey No.73/3B as per Field Map Book and according to the schedule mentioned in the sale deed and to correct the patta, wherein the measurement for Survey No.73/3B was wrongly mentioned as Acre 0.93 cents instead of Acre 1.38 cents and also to issue patta No.8 indicating the correct measurement as per the sale deed. Since there was no prudent steps or action taken by the respondents till date, the petitioner is before this Court.

5. Learned counsel for the petitioner submitted that there is no rival claim over the property. He further submitted that it would suffice, if the representation of the petitioner dated 26.10.2015 is disposed of by the respondent.

6. Learned Additional Government Pleader has no serious objections for issuing such order.

7. Considering the facts and circumstances of the case, this court, without going into the merits of the case, directs the respondent to consider the representation of the petitioner dated 26.10.2015 with regard to the mistakes committed in issuing patta and pass appropriate orders on the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

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

msr s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The District Collector, Krishnagiri District, O/o. The Collectorate, Krishnagiri.

2. The District Revenue Officer (Uthangarai) O/o. District Revenue Department, Krishnagiri District, Krishnagiri.

3. The Tahsildar, O/o. The Uthangarai Tahsildar Office, Uthangarai, Krishnagiri District.

+ 1 cc to Govt.Pleder SR 3806 + 1 cc to M/s.K.Balasubramaniyam, Advocate SR 3373 ppa(co) prk16/2 W.P.No.1989 of 2016