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Madras High CourtWP/21827/2024disposed of

P.Elumalai v. The District Collector

2024-07-31Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.07.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P. No.21827 of 2024 and W.M.P. No.23818 of 2024 1.P.Elumalai 2.P.Ramki ... Petitioners Vs 1.The District Collector Thiruvannamalai District 2.The District Revenue Officer Arni, Thiruvannamalai District 3.The Revenue Divisional Officer Arni, Thiruvannamalai District 4.The Tashildhar Polur, Thiruvannamalai District 5.The Assistant Surveyor Polur Taluk, Thiruvannamalai District ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 2 to 5 to make survey of entire S. No.1055 and fix the boundaries as per sale deed dated 09.05.1956 registered as Doc. No.1105/1956 in the office of the Sub Registrar, Page 1/6

Kalambur and consequently to carry out the correct measurement in UDR and issue computerised patta and chitta in our name in respect of Survey No.1055/1B measuring an extent of 3.00 Acres of Padavedu Village, Polur Taluk, Thiruvannamalai District.

For Petitioner : Mr.R.Ezhilarasan For Respondents : Mr.P.Sathish Addl. Govt. Pleader for R1 to R5

O R D E R

This writ petition has been filed for a direction to the respondents 2 to 5 to make survey of entire S. No.1055 and fix the boundaries as per sale deed dated 09.05.1956 registered as Doc. No.1105/1956 on the file of the Sub Registrar, Kalambur and consequently to carry out correct measurement in UDR and issue computerised patta and chitta in petitioners' name in respect of Survey No.1055/1B measuring an extent of 3.00 Acres of Padavedu Village, Polur Taluk, Thiruvannamalai District.

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2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the entire materials available on record.

3. It is the case of the petitioner that his grandfather purchased a land in S. No.1055/1B measuring an extent of 3.00 Acres by way of a registered sale deed in Document No.1105/1956 on the file of Sub Registrar, Kalambur, North Arcot District dated 09.05.1956 from one Thangavel Gounder. Immediately he took possession of the said land. thereafter, on 11.06.1997, petitioner's grandfather registered a will in favour of petitioner's father vide Document No.III/41-97 on the file of Sub Registrar, Kalambur, Thiruvannamalai District. Thereafter, while transferring the patta to the petitioner's name there was mistake in the UDR. Instead of 3.00 Acres it was reflecting only 2.71 Acres in patta and chitta. The petitioner sent a representation to the respondents 3 and 4 and in response, the 4th respondent directed the Revenue Inspector to submit a detailed report after conducting enquiry. Thereafter the petitioner sent a representation to the fourth respondent on 22.01.2024 but no action was taken. Hence this writ petition.

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4. Considering the limited relief sought for in this writ petition, the second respondent is directed to consider the representation of the petitioner dated 22.01.2024 for survey of entire S. No.1055 and for fixing the boundaries as per sale deed dated 09.05.1956 registered as Doc. No.1105/1956 on the file of the Sub Registrar, Kalambur and consequently to carry out correct measurement in UDR and issue computerised patta and chitta in petitioners' name in respect of Survey No.1055/1B measuring an extent of 3.00 Acres of Padavedu Village, Polur Taluk, Thiruvannamalai District, on merits and in accordance with law, after giving notice to the neighbouring land owners and any other interested persons. Such exercise shall be completed within a period of two months from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected writ miscellaneous petition is closed. 31.07.2024 Index : Yes / No : Yes / No Asr To Page 4/6

1.The District Collector Thiruvannamalai District 2.The District Revenue Officer Arni, Thiruvannamalai District 3.The Revenue Divisional Officer Arni, Thiruvannamalai District 4.The Tashildhar Polur, Thiruvannamalai District 5.The Assistant Surveyor Polur Taluk, Thiruvannamalai District 6.The Government Pleader High Court, Madras N.SATHISH KUMAR , J.

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Asr W.P. No.21827 of 2024 and W.M.P. No.23818 of 2024 31.07.2024 Page 6/6