S.Nirmaladevi v. The District Registrar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :16.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18897 of 2020 S.Nirmaladevi ... Petitioner Vs.

1.The District Registrar, Office of the District Registrar, Erode District.

2.The Sub Registrar, Joint Sub Registrar No.I, Office of the District Registrar, Erode District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to rectify the error crept in Document No.970/1989 dated 10/03/1989, Document No.4991/2014 dated 01/08/2014 and Document No.4646/2020 dated 09/09/2020 registered on the file of the respondents insofar as it relates to the erroneous entries found in respective schedule of property regarding the actual extent of land admeasuring 51813⁄4 sq.ft.vacant site forming part of and comprised thereunder in respect of R.S.No.381/3, 381/4 instead of R.S.No.382/6, 382/7 situated in Erode 'A' Village, Erode Taluk, Erode District by rectifying the same in the aforementioned documents by carrying out necessary endorsements therein after considering the representation of the petitioner dated 12.10.2020 in accordance with law and on merits expeditiously within a time frame as stipulated by this Hon'ble Court.

For Petitioner : Mr.C.E.Pratap For Respondents: Mr.T.M.Pappiah Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the respondents to rectify the errors that has accidentally crept in the documents that were registered in Document No.970/1989, Document No.4991/2014 and Document No.4646/2020, by considering the representation made by the petitioner on 12.10.2020.

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2. The grievance of the petitioner is that there is an accidental error that has crept in the above said documents with regard to the actual extent of the property. The petitioner has made a representation to the respondents to correct this error and since the same was not considered, the present writ petition was filed before this Court.

3. Heard Mr.C.E.Pratap, learned counsel for the petitioner and Mr.T.M.Pappiah, learned Special Government Pleader appearing on behalf of the respondents.

4. In the considered view of this Court, the respondents do not have any power or authority to make any corrections in a document registered before them. If such powers are given to the registering authority, it will cause utter chaos and if at all there is any correction to be undertaken in a document, only the parties to the documents can undertake that correction by executing an appropriate rectification deed. There is no scope for directing the respondents to act on the representation made by the petitioner. Therefore, it is left open to the petitioner to get an appropriate deed executed for correcting the error and the same can be presented before the 2nd respondent.

5. In view of the above, the relief sought for by the petitioner cannot be granted by this Court and accordingly, this writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar Kak To 1.The District Registrar, Office of the District Registrar, Erode District.

2.The Sub Registrar, Joint Sub Registrar No.I, Office of the District Registrar, Erode District.

W.P.No.18897 of 2020 +1cc to Mr.C.E.Prathap , Advocate SR.No. 41341 +1 cc to Government Pleader Sr.No. 41843 A.SK(25.01.2021) https://hcservices.ecourts.gov.in/hcservices/