Senathipathi v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.06.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.16244 of 2024 Senathipathi .. Petitioner
Versus
1. The State of Tamilnadu Rep. by District Collector, District Collector Office, Salem.
2. The District Registrar, Salem East Registration District, Salem.
3. The Sub Registrar, Sub Registrar Office, Kadambur Road, Gangavalli Town and Taluk, Salem District.
4. The Revenue Divisional Officer, Revenue Divisional Office, Attur Taluk, Salem District.
5. The Tahsildar, Taluk Office Building, Gangavalli Town & Taluk, Salem District.
6. The Village Administrative Officer, Kodamalai Village, Gangavalli Taluk, Salem District. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the third respondent herein to consider the representation of the petitioner dated 06.05.2024 and consequently direct the third respondent to rectify the mistakes in all the documents registered before the third respondent includes Document No. 1/5
1380/1988 Document No. 1547/1999 and Document No. 1906/2023 and revenue records and correct the original Survey No. 346/5PA now the New Survey No. 629/27 instead of Survey number 367/1A. For Petitioner : Mr.T.Balaji For Respondents : Mr.P.Sathish Additional Government Pleader - R1, 4, 5, 6 Mr.Yogesh Kannadasan Special Government Pleader - R2 & R3
ORDER
With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This Writ Petition is filed to direct the third respondent herein to consider the representation of the petitioner dated 06.05.2024 and consequently direct the third respondent to rectify the mistakes in all the documents registered before the third respondent includes Document No. 1380/1988 Document No. 1547/1999 and Document No. 1906/2023 and revenue records and correct the original Survey No. 346/5PA now the New Survey No. 629/27 instead of Survey number 367/1A. 2/5
3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1, 4, 5 and 6 and the learned Special Government Pleader appearing for the second and third respondents and perused the materials available on record.
4. The case of the petitioner is that the third respondent has committed error while registering the documents and without scrutinizing the documents, the documents have been wrongly registered and the said error is continuing till date. In this regard, the petitioner had given a representation to the third respondent on 06.05.2024. But the error has not been rectified by the third respondent. Hence, the present Writ Petition.
5. At the outset, this Court is of the view that such a direction cannot be granted. As far as rectification of mistakes in a registered document is concerned, the Sub Registrar has no jurisdiction to correct the same. If at all the parties want to correct the mistake in a registered document, they can present a rectification deed for registration. On such deed is presented, it is the duty of the Sub Registrar to register the document. 3/5
6. With the above observation, this writ petition is disposed of. No costs.
24.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,
1. The State of Tamilnadu Rep. by District Collector, District Collector Office, Salem.
2. The District Registrar, Salem East Registration District, Salem.
3. The Sub Registrar, Sub Registrar Office, Kadambur Road, Gangavalli Town and Taluk, Salem District.
4. The Revenue Divisional Officer, Revenue Divisional Office, Attur Taluk, Salem District.
5. The Tahsildar, Taluk Office Building, Gangavalli Town & Taluk, Salem District.
6. The Village Administrative Officer, Kodamalai Village, Gangavalli Taluk, Salem District. 4/5
N. SATHISH KUMAR , J.
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