O.Lingammal v. Assistant Director Of Survey And Land Records (Technical)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ O.Lingammal ... Petitioner Vs.
1. The Assistant Director of Survey and Land Records (Technical), Chennai Central Survey Office, Survey House, Chepauk, Chennai - 600 005.
2. The Assistant Deputy Director of Survey, Measurement and Land Records, Land Survey Department, Additional Collectorate, Finger Post, Udhagamandalam, Nilgiris District - 643 006.
3. The Commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.
4. The District Collector, District Collector's Office, 171 Church Hill Road, Near Charing Cross, Pudumund, Udhagamandalam (Ooty), Nilgiris District - 643 001.
5. The District Revenue Officer, District Collector's Office, 171 Church Hill Road, Near Charing Cross, Pudumund Udhagamandalam (Ooty), Nilgiris District - 643 001.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents 3, 4 & 5 to rectify the erroneous entires in the revenue records and update the mutation in favour of the petitioner as sole legal heir of the property identified as Plot No.6 in Old Survey No.434 and New Survey No.485, situated in Sholur Village, Udhagamandalam Taluk, Nilgiris District, Tamil Nadu, more fully described in the schedule here under based on the valid assignment patta issued on 19.11.1976, fourth respondent, District Collector in favour of her late husband and the original patta holder, Mr.Onnegiri. For Petitioner :
Ms.M.Sanobar Fathima For Respondent :
Mr.A.Selvendran Special Government Pleader
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 3, 4 & 5 to act upon the representation submitted by petitioner on 07.11.2024 wherein petitioner sought for rectification of errors in the revenue records and for mutation of patta in her name.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. The case of the petitioner is that properties comprised in Plot No.6 in Old Survey No.434 and New Survey No.485, situated in Sholur Village, Udhagamandalam Taluk, Nilgiris District was originally assigned to petitioner's husband Onnegiri, by the 4th respondent through an assignment patta dated 19.11.1976. It is further submitted that petitioner's husband died on 30.12.2006 and petitioner is the only legal heir of Mr.Onnegiri. It is submitted that despite the lawful assignment, the revenue records including
the Government Revenue Register Adangal, Chitta, A Register and FMB wrongly reflects the subject property is Government land. Petitioner submitted a representation on 07.11.2024 to the concerned respondent for rectification of errors in revenue records and to mutate patta in her name. Since the same was not considered, the present writ petition has been filed.
4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader for respondents that the concerned respondent would conduct an enquiry after affording opportunity to petitioner and any other interested parties and the representation would be considered and orders will be passed within the time frame to be fixed by this Court
5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the concerned respondent to consider the representation submitted by petitioner on 07.11.2024 seeking rectification of errors in the revenue records and for mutation of patta in
petitioner's name in respect of subject property. The respondents shall conduct an enquiry on the representation after issuing notice and affording an opportunity of hearing to petitioner and any other interested parties including rival claimants if any and thereafter pass appropriate orders on its own merits within a period of eight weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
6. Accordingly, this Writ Petition stands disposed of. No costs. 26.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji
To
1. The Assistant Director of Survey and Land Records (Technical), Chennai Central Survey Office, Survey House, Chepauk, Chennai - 600 005.
2. The Assistant Deputy Director of Survey, Measurement and Land Records, Land Survey Department, Additional Collectorate, Finger Post, Udhagamandalam, Nilgiris District - 643 006.
3. The Commissionerate of Land Administration, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.
4. The District Collector, District Collector's Office, 171 Church Hill Road, Near Charing Cross, Pudumund, Udhagamandalam (Ooty), Nilgiris District - 643 001.
5. The District Revenue Officer, District Collector's Office, 171 Church Hill Road, Near Charing Cross, Pudumund Udhagamandalam (Ooty), Nilgiris District - 643 001.
MOHAMMED SHAFFIQ, J.
vji 26.06.2025