Mrs.Saroja Venkatraman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2016
CORAM:
THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.34326 of 2016 Mrs.Saroja Venkatraman ... Petitioner Vs.
1. The District Collector, Kancheepuram.
2. The Revenue Divisional Officer, Tambaram.
3. The Tahsildar, Tambaram Taluk, Kancheepuram District, Sanitorium, Chennai - 600 045.
... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus to direct the third respondent herein to rectify the mistake in the computer Patta No.122, dated 30.06.2010 and restore the name of the petitioner in the said patta, in respect of her land, comprised in S.No.76/2D (Now 76/25 at N.1 Thiruvalluvar Street, Sivagami Nagar, 175, Gowriwakkam Village, Tambaram Taluk, Kancheepuram District, measuring an extent of 4781 sq.ft. Within a time limit.
For Petitioner :
Mr.N.Rajan For Respondents :
Mr.P.Chinnadurai
ORDER
Heard the learned counsel for the petitioner and Mr.P.Chinnadurai learned Government Advocate for the respondents.
2. The case of the petitioner is that the petitioner is the absolute owner of the premises at Door No.1, Sivagami Nagar, Gowriwakkam, Chennai - 600 073 and the patta was also issued in the name of the petitioner bearing Patta
No.291. The petitioner was in possession and enjoyment of the property ever since her purchase and construction of the building in the year 1984. While so, in the year 2010, a computer patta was issued in the name of the petitioner in respect of hers land bearing patta No.122. On 30.01.2014, when the petitioner approached the third respondent for getting an extract of FM sketch of her land, she was told that the computer patta bearing No.122 dated 30.06.2010 stands in the name of one Binu Mathews. On verification with the Village Administrative Officer, Chembakkam, Chennai, it was confirmed that the said land continues to remain in the name of the petitioner. Hence the entry of the name of Binu Mathews in the place of the name of the petitioner in the records of the third respondent is only a mistake.
Therefore, the petitioner has submitted representations to the respondents requesting to rectify the said mistake. As the respondents have not taken any action on the representations sent by the petitioner, the petitioner sent a notice dated 29.08.2016, calling upon the respondents to rectify the mistake. But the respondents have not rectified the defects. Hence, the petitioner has come forward with the present Writ Petition.
3. The main contention of the petitioner is that inspite of the fact that the original patta stand in the name of the petitioner, due to computerisation in Taluk Office, the name of the third party has been wrongly mentioned in the patta. Even though the petitioner submitted representations to the authorities concerned, they have not taken any action to rectify the mistake.
4. Considering the submissions of the petitioner, this Court directs the third respondent to enquire into the matter, after giving notice to the parties concerned and affording personal hearing to the petitioner, and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this Order and communicate the decision taken, to the petitioner as well as to the 3rd respondent herein.
5. Accordingly, this Writ petition is disposed of. No costs.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vrc
To
1. The District Collector, Kancheepuram.
2. The Revenue Divisional Officer, Tambaram.
3. The Tahsildar, Tambaram Taluk, Kancheepuram District, Sanitorium, Chennai - 600 045.
+1cc to Mr.N.Rajan, Advocate, S.R.No.61082 +1cc to the Government Pleader, S.R.No.61600 W.P.No.34326 of 2016 KJI(CO) CA(30/11/2016)