S.Santhi v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.08.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR S.Santhi .. Petitioner
Versus
1.The Tahsildar Sholinganallur Taluk, Sholinganallur Chennai - 600 119 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Guindy, Chennai - 600 032 3.The District Collector Chennai District, Chennai - 600 001 4.The Commissioner of Land Administration Chennai - 600 005 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to rectify the mistake in the revenue records in classifying the land in S.No.19/3, Pallikaranai Village in Sholinganallur Taluk as Government Poramboke land and issue patta to the petitioner for the plot bearing No.285, Indira Gandhi Nagar Colony comprised in S.No.19/3, Pallikaranai Village in Sholinganallur Taluk in Chennai District measuring 3200 sq.ft in the light of the report dated 07.11.2023 submitted by the Tahsildar, Sholinganallur, the 1st respondent. 1/6
For Petitioner : Mr.T.Mohan, Senior Counsel Mr.R.Ashokan For Respondents : Mr.G.Ameedius Government Advocate
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 respondents to rectify the mistake in the revenue records in classifying the land in S.No.19/3, Pallikaranai Village in Sholinganallur Taluk as Government Poramboke land and issue patta to the petitioner for the plot bearing No.285, Indira Gandhi Nagar Colony comprised in S.No.19/3, Pallikaranai Village in Sholinganallur Taluk in Chennai District measuring 3200 sq.ft in the light of the report dated 07.11.2023 submitted by the Tahsildar, Sholinganallur, the 1st respondent.
3. Heard learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.
4. It is the case of the writ petitioner that the property originally 2/6
purchased by G.Parthasarathy and his wife vide sale deed dated 13.09.1976. Patta was issued bearing No.5160. Thereafter, they sold the plot to one Mr.K.Sundar on 15.11.1999 and patta was also transferred in the name of Sundar. The said Sundar sold the plot to one Rajesh Kumar and the petitioner on 14.06.2007. The said Rajesh Kumar also released his share in the polt in favour of the petitioner on 30.12.2012. From the date of release, the petitioner is the absolute owner of the property. When the petitioner had applied for issuance of patta on 24.03.2022, the first respondent sent a report stating action has been taken issue patta after classifying the land as Punja land cancelling the classification as Government Poramboke and further the said mistake is only in the computer patta. Hence, seeks a direction.
5. The report of the first respondent/Tahsildar dated 07.11.2023 indicate that mistake is crept only in the computer patta and they had also recommended for reclassification. Such view of the matter, the respondents 1 and 2 shall forward the report to the District Collector/third respondent in this regard and thereafter, the District Collector shall forward the same to the fourth respondent. The 4th respondent shall pass appropriate orders on merits and in accordance with law in rectifying the mistake in issuance of patta. Such exercise shall be completed within a period of four months from the date of 3/6
receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs. 02.08.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No 4/6
To, 1.The Tahsildar Sholinganallur Taluk, Sholinganallur Chennai - 600 119 2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Guindy, Chennai - 600 032 3.The District Collector Chennai District, Chennai - 600 001 4.The Commissioner of Land Administration Chennai - 600 005 N. SATHISH KUMAR , J.
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dhk W.P.No.22394 of 2024 02.08.2024 6/6