Bharathi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22-08-2025
CORAM
THE HONOURABLE MRS JUSTICE N.MALA Mrs.Bharathi, W/o.Manikandan, 190 DB Road, RS Puram, Coimbatore-641 002.
Petitioner(s) Vs The Commissioner, Coimbatore Municipal Corporation, Victoria Town Hall, Coimbatore-641 001.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondent to present the Rectification deed in Gift Deed vide Document No.4444/2004 on the file of Joint-I-SRO Coimbatore to rectify the errors upon consideration of the petitioners representation dated 22.04.2025 within the stipulated time in accordance with law and pass such further orders. For Petitioner(s):
Mr.S.Arivazhagan For Respondent(s):
Mr.N.Velmurugan, Standing Counsel 1/5
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, directing the respondent to present the Rectification deed in Gift Deed vide Document No.4444/2004 on the file of Joint-I-SRO Coimbatore to rectify the errors upon consideration of the petitioners representation dated 22.04.2025.
2. The petitioner, Mrs.Bharathi, along with 11 other co-owners, owns property situated at Komarapalayam, Perur Taluk, Coimbatore District, which they intended to develop into residential and commercial plots. To facilitate layout formation, the petitioner and others executed a Gift Deed in 2004 (Doc.No.4444/2004) in favour of the Respondent, gifting a portion of the land for road purposes. Subsequently, the petitioner discovered certain errors in the Gift Deed, particularly incorrect survey numbers, ward details, and measurements in pages 4 & 5 and in Schedules A & B. She brought this to the notice of the Respondent in September 2024 and again on 09.04.2025, expressing willingness to execute a Rectification Deed. Despite repeated representations, including a final one on 22.04.2025, the Respondent failed to 2/5
act, leading the petitioner to file the present writ petition.
3. The learned counsel for the petitioner contends that the errors in the Gift Deed were purely clerical and unintentional, and that she has made repeated and sincere efforts to have them rectified. He asserts that the Respondent's failure to respond or act on her representation amounts to inaction, which is arbitrary and violative principles of natural justice. He further submits that the statutory authority is duty-bound to act on genuine rectification requests, and hence, the petitioner seeks a Writ of Mandamus directing the Respondent to execute and present the Rectification Deed before the SubRegistrar in accordance with her representation dated 22.04.2025.
4. Learned Standing Counsel appearing for the respondent would submit that the representation of the petitioner dated 22.04.2025 would be considered on merits, in accordance with law within a time frame stipulated by this Court.
5. Heard both sides and perused the materials available on record. 3/5
6. Without going into the merits of the case, the respondent is directed to consider the representation of the petitioner dated 22.04.2025 after conducting a detailed enquiry by giving due notice to the petitioner, affording an opportunity of personal hearing, taking into consideration all the relevant documents submitted by the petitioner with regard to the subject matter of the property and pass appropriate orders on merits, in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.
In the result, the writ petition stands disposed of with the above observations and direction. No costs.
22-08-2025 cda/dh To The Commissioner, Coimbatore Municipal Corporation, Victoria Town Hall, Coimbatore-641 001.
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N.MALA.J cda/dh W.P.No.16048 of 2025 22-08-2025 5/5