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Madras High CourtWP/24668/2019disposed of

R.Archana, v. The Tahsildar,

2021-10-05Honourable Mrs Justice V.Bhavani Subbaroyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No.24668 of 2019 and W.M.P. No.24326 of 2019 R. Archana

...Petitioner

Vs.

The Tahsildar, Nemili Taluk, Nemili, Vellore District.

...Respondent

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a a writ of Mandamus or any other appropriate writ order of direction in the nature of such writ directing the respondent to correct the mistake and to include the lands comprised in S.No.289/1A, measuring about 12.5 Ares and also register the petitioner's name as one of the co-owners in Patta No.270 of Perumbuliakkam Village, Nemili Taluk, Vellore District and pass appropriate orders accordingly. For Petitioner :: Mr.Abishek Jenasenan For Respondent :: Mr.Yogesh Kannadasan (Government Advocate)

O R D E R

The relief sought for in this Writ Petition is for a direction to the respondent to correct the mistake and to include the lands comprised in S.No.289/1A, measuring about 12.5 Ares and also register the petitioner's name as one of the coowners in Patta No.270 of Perumbuliakkam Village, Nemili Taluk, Vellore District and pass appropriate orders accordingly.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent as well as perused the material available on records.

3.Having considered the facts and circumstances of the case and submissions made by the learned counsel on either side, it is seen that the Patta bearing No.270 had been issued in respect of S.No.287/1A measuring about 92 Are, S.No.289/1A measuring 12.5 Are and S.No.286/3, measuring 54 Are while the petitioner's https://hcservices.ecourts.gov.in/hcservices/

father and 4 others purchased the subject property. In the meanwhile, the subject property measuring about 83 cents out of 383 cents of land comprised in S.Nos.286/3, 287/1A, and 289/1A, Perumpulipakkam Village, Arakonam Taluk, Vellore District was executed in favour of the petitioner herein by her father by way of settlement Deed dated 07.04.2010 in Document No.2182 of 2010. Thereafter, the petitioner herein had applied for the issuance of copy of the Patta bearing No.270, Perumbulipakkam Village, now Nemili Taluk, Vellore District. On receipt of the said Patta wherein it was noticed that S.No.289/1A had been omitted in the Patta No.270 while S.No.287/1A and 286/3 were only mentioned therein. Hence, the petitioner had made representation on 29.10.2018 to correct the said mistake and issue patta in respect of the land covered in S.No.

289/1A and register her name in the place of her father name. Since the representation dated 29.10.2018 is said not to have been received by the respondent herein, the petitioner has made a fresh representation dated 22.08.2019 again before the respondent herein. On receipt of the said fresh representation, an enquiry has been conducted on 16.09.2019 at 11 am. As a result of the said enquiry, while taking print out of Patta No.270, through on line, it is noticed that even though the petitioner's name has been included in the said Patta in the Serial No.8, omitted Survey No. and its extent has been wrongly mentioned in the said Patta instead of 289/A1 and its extent of 12.5 Ares. Hence, the respondent is directed to correct the mistake crept in the Patta No.

270 and issue fresh Patta as per the revenue records within a period of four weeks from the date of receipt of copy of this order. 4.With the aforesaid directions, the Writ petition is disposed of. Consequently, connected miscellaneous petition is closed if any.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar Lbm To:

The Tahsildar, Nemili Taluk, Nemili, Vellore District.

+2cc to M/s.Abishek Jenasenan, Advocate, S.R.No.52126 +1cc to the Government Pleader, S.R.No.52769 W.P.No.24668 of 2019 and WMP No.24326 of 2019 VBM(CO) RGA(22/12/2021) https://hcservices.ecourts.gov.in/hcservices/