M.Sabiha Banu v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :01.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.28805 of 2024 M.Sabiha Banu
...Petitioner
Vs.
1. The District Collector District Collectorate Ma.Singaravelar Maligai Rajaji Salai, Chennai-600 001.
2. The Tahsildar Taluk Office, Egmore, Chennai-600 008 ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to rectify the wrong entries by entering the correct survey Nos.567/7 and 536/1 in the Column for Field entering the correct Door No.and the correct extent of the Area equivalent to 2 Grounds and 156 square feet and issue the online PATTA to the petitioner for the petitioners property bearing Municipal Door No.10, Kothari Road, New No.1, Jayalakshmipuram first street, Nungambakkam, Chennai-600034 comprised in R.S.No.567/2 and R.S.No.536/1 and now 1/5
bearing R.S.No.567/7 of Block No.33 and R.S.No.536/1 of Block No.30, Nungambakkam village, Egmore-Nungambakkam Taluk, Chennai District in view of the petitioners Representation dated 13.5.2024 and Online application dated 17.5.2024.
For Petitioner : Mr.J.Ashok For Respondents 1 & 2 : Mr.A.Selvendran Special Government Pleader
O R D E R
The petitioner herein seeks a direction to respondents to rectify the wrong entry in the patta issued in his favour in respect of the property situated in Survey Nos.567/7 and 536/1 in Municipal Door No.10, Kothari Road, New No.1, Jayalakshmipuram first street, Nungambakkam, Chennai-600034.
2. It is the case of the petitioner that the above mentioned property was settled by her husband under registered settlement deed dated 28.03.2003. After settlement, the petitioner applied for patta and the respondent issued patta by mentioning only one survey number namely Survey.No.536/1. The Survey No.567/7 was not included in the patta issued to the petitioner. It is asserted by the petitioner that she is also having right over 3929 Sq.feet of land 2/5
in S.No.567/7. Therefore, the petitioner submitted a representation to Chief Minister's Cell on 13.05.2024 seeking rectification of revenue records and inclusion of Survey No.567/7 in the patta issued in her favour. The said representation was forwarded to the 1st respondent as per the communication received by the petitioner from the Chief Minister Cell included in the typed set of papers. However, till date, the representation of the petitioner has not been considered. Aggrieved by the same, she is before this Court.
3. The learned Special Government Pleader, who is taking notice for the respondents 1 and 2, submits that the 2nd respondent is the competent authority to consider the representation and the request of the petitioner will be considered on its' own merits within a time fixed by this Court.
4. In view of the same, without going into the merits of the claim made by the petitioner, the 1st respondent is directed to forward the representation of the petitioner dated 13.05.2024 to the 2nd respondent within a period of two weeks from the date of receipt of copy of this order. The 2nd respondent shall consider the same and pass final orders on its' own merits within a further 3/5
period of six weeks.
5. With the above directions, this writ petition is disposed of. No costs. 01.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order : Yes/No nr To
1. The District Collector District Collectorate Ma.Singaravelar Maligai Rajaji Salai, Chennai-600 001.
2. The Tahsildar Taluk Office, Egmore, Chennai-600 008 4/5
S.SOUNTHAR , J.
nr W.P No.28805 of 2024 01.10.2024 5/5