R.Lakshmi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.10.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI R.Lakshmi ... Petitioner vs.
1. The District Collector, District Collector Office, Chengalpattu District.
2. The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.
3. The Tahsildar, Chengalpattu Taluk, Chengalpattu District.
4. The Chief Land Surveyor, Chengalpattu Taluk Office, Chengalpattu District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 18.08.2022 and to direct the respondents to 1/6
survey and mark the land in Old Survey No.16, New Survey No.14/3, and according to Patta, New Survey Nos.14/3A1A1B and 14/3A1C with an total extent of 2200 sq.ft. at Vinjiyambakkam Village, Chengalpattu Taluk, Chengalpattu District and issue Patta in petitioner name. For Petitioners : Mr.K.Kathiresan For Respondents : Mr.U.Baranidharan Additional Government Pleader
ORDER
This Writ Petition has been filed seeking issuance of a Writ of Mandamus to direct the respondents to consider the petitioner's representation dated 18.08.2022 to survey and mark the petitioner's land in Old Survey No.16, New Survey No.14/3, and according to Patta, New Survey Nos.14/3A1A1B and 14/3A1C of a total extent of 2200 sq.ft. in Vinjiyambakkam Village, Chengalpattu Taluk, Chengalpattu District and to issue Patta in favour of the petitioner.
2. It is the case of the petitioners that her mother namely Revathi purchased the above said properties of a total extent of 2400 sq.ft. from one C.N.Radhabhai vide Sale Deed dated 26.04.2004, in which, the said Revathi sold 200 sq.ft. in favour of one P.Ganesh. Thereafter, said Revathi executed 2/6
a Settlement Deed in favour of the petitioner vide Settlement Deed dated 29.01.2018. Thereafter, the petitioner obtained Patta, wherein the extent in respect of the subject property has been wrongly mentioned as 00083 sq.mt instead of 2200 sq.ft, which led the petitioner to make an application dated 18.08.2022 before the respondents, to survey and rectify the error made in the Patta and to issue Patta for an extent of 2200 sq.ft. in favour of the petitioner. Since the same was not considered by the respondents, the present Writ Petition has been filed.
3. Though very many grounds have been raised in this Writ Petition, learned counsel appearing on behalf of the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representation dated 18.08.2022 and pass appropriate orders on merits and in accordance with law within a particular time frame to be fixed by this Court.
4. Learned Additional Government Pleader appearing for the respondents has no objection for the said order being passed. 3/6
5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
6. Taking into consideration the facts and circumstances of the case, this Court, without going into the merits of the case, directs the respondents to consider the petitioner's representation dated 18.08.2022 and pass appropriate orders on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons, if any, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above observation and directions, this Writ Petition is disposed of. No costs.
10.10.2022 RAP Index :
Yes/No Speaking order :
Yes/No 4/6
To:
1. The District Collector, District Collector Office, Chengalpattu District.
2. The Revenue Divisional Officer, Chengalpattu, Chengalpattu District.
3. The Tahsildar, Chengalpattu Taluk, Chengalpattu District.
4. The Chief Land Surveyor, Chengalpattu Taluk Office, Chengalpattu District.
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M.DHANDAPANI, J.
RAP 10.10.2022 6/6