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Madras High CourtWP/22129/2021disposed of

M/S.Thirumurugan And Company v. The Tahsildhar

2021-10-20Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.22129 of 2021 M/s. Thirumurugan & Company, Represented by its Partner G.C.Srinivas

...Petitioner

Vs.

The Tashildar, Perambur - Purasiwalkam Taluk, Perambur, Chennai 600 011.

...Respondent

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to consider and pass orders on the petitioner's representations dated 23.12.2020 and 01.02.2021, which was submitted by the petitioner to rectify and correct the extent of the property of the petitioner's company in the computer generated patta, which reflects the extent of land as 1 Ares and 28.5 sqm (1378 sqft) as against the original extent of 1859 sqft of the property viz., bearing Old Door No.53, New Door No.125, De Castor Road, Pulianthope, Chennai-12, comprised in R.S.No.114/28 ad-measuring to an extent of 1859 sqft within the time stipulated by this Court.

For Petitioner : Mr.S.Sathish Rajan For Respondent : Mr.Yogesh Kannadasan Government Advocate.

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, to direct the respondent to consider and pass orders on the petitioner's representations dated 23.12.2020 and 01.02.2021, which was submitted by the petitioner to rectify and correct the extent of the property of the petitioner's company

in the computer generated patta, which reflects the extent of land as 1 ares and 28.5 sqm (1378 sqft) as against the original extent of 1859 sqft of the property viz. bearing Old Door No.53, New Door No.125, De Castor Road, Pulianthope, Chennai-12, comprised in R.S.No.114/28 admeasuring to an extent of 1859 sqft within the stipulated time by this Court.

2. The petitioner's company had purchased the property bearing Old Door No.53, New Door No.125, DeCastor Road, Pulianthope, Chennai-12, comprised in R.S.No.114/28 admeasuring to an extent of 1859 sqft for their business purposes from one Audilakshmi Ammal by virtue of a registered Sale Deed vide Document No.2068 of 1972 dated 03.11.1972 on the file of Sub Registrar Office, Purasaiwalkam and all the Revenue Records has been mutated in the petitioner's company name and Patta in C.A.No.8/69-70 issued in favour of the vendor of the petitioner's company and the patta in C.A.No.874/93-94 issued in favour of the petitioner's company in respect to the subject property, the extent of the property has been rightly mentioned as 1859 sqft and in the computerized patta, it has been wrongly mentioned as 1 ares and 28.5 sqmr (1378 Sq.ft.). While the petitioner was approached the respondent and informed him about the mistake crept in the computerized patta in respect of the said property.

Thereafter, the petitioner sent the representations dated 23.12.2020 and 01.02.2021 to the respondent requesting him to rectify the aforesaid mistake and the same was received by the Authority, till date, no action has been taken by them. Hence, the petitioner has come forward with the present writ petition under Article 226 of the Constitution of India.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondent to consider the petitioner's representations dated 23.12.2020 and 01.02.2021 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondent to consider the petitioner's representations dated 23.12.2020 and 01.02.2021 and pass appropriate orders, on merits and in accordance with law, after

affording an opportunity of personal hearing to the petitioner and necessary parties concerned within a period of twelve weeks from the date of receipt of a copy of this order. No costs. s/d- Assistant Registrar //True Copy// Sub-Assistant Registrar To The Tashildar, Perambur - Purasiwalkam Taluk, Perambur, Chennai 600 011.

+1 CC to The Government Pleader sr 54244 W.P.No.22129 of 2021 GPL(CO) SP(13/12/2021)