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Madras High CourtWP/30754/2022disposed of

S.Vasukhi v. The Sub Collector

2022-11-18Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.30754 of 2022 S.Vasukhi ... Petitioner Vs.

1.The Sub Collector, Tindivanam.

2.The Tahsildar, Tindivanam.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to correct the entry in respect of old S.No.45/2 instead of S.No.43/2P in the certificate issued in respect of Extract From the Town Survey Land Register in respect of the property of the petitioner in Town S.No.77/12, Block-8, Thiruvallur Nagar, totaling 3 ares 85 Sq.mts, issued on 22.09.2022 by the 2nd respondent on 23.09.2022 within the stipulated period fixed by this Court. For Petitioner : Mr.N.Suresh For Respondents : Mr.U.Bharanidharan Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to correct the entry in respect of old 1/4

S.No.45/2 instead of S.No.43/2P in the certificate issued in respect of Extract From the Town Survey Land Register in respect of the property of the petitioner in Town S.No.77/12, Block-8, Thiruvallur Nagar, totaling 3 ares 85 Sq.mts, issued on 22.09.2022 by the 2nd respondent on 23.09.2022 within the stipulated period fixed by this Court.

2.The case of the petitioner is that the aforesaid property was self acquired property vide registered Doc.No.3606 of 2011 dated 08.06.2011 before the SRO, Avaraipakkam and the petitioner is in absolute possession and enjoyment of the property. The S.No.57/C1 was subsequently changed as S.No.45/2 and subsequently, it was changed as Town S.No.77/12. During the re-survey, the survey numbers had been changed and a certificate to that effect was also issued by the Village Administrative Officer. Presently, the subject matter of the property which the petitioner purchased under T.S.No.77/12. Thereafter, the petitioner filed W.P.No.24093 of 2022 before this Court and this Court vide its order dated 22.09.2022 closed the same since the TSLR was issued in favour of the petitioner. Though the property in T.S.No.77/12 was mutated in favour of the petitioner, the entries relating to old survey number was mistakenly stated as 43/2B instead of 45/2. Thereafter, the petitioner gave an application dated 23.09.2022 and Monday 2/4

Petition on 10.10.2022 to rectify the same. However, till date, the respondents has not passed any order. Hence, the petitioner filed the present Writ Petition.

3.The learned counsel for the petitioner submits that it would suffice, if this Court issues direction to the respondents to consider petitioner's representation dated 23.09.2022 and pass appropriate orders. 4.Mr.U.Bharanidharan, learned Additional Government Pleader, appearing for the respondents submits that if any direction is given by this Court, the same will be complied with.

5.In view of the above, this Court, without expressing any opinion on the merits of the case, directs the respondents to consider the petitioner's representation dated 23.09.2022 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6.This Writ Petition is accordingly disposed of. No costs. 18.11.2022 3/4

Index : Yes / No Speaking order: Yes/ No gba M.DHANDAPANI, J.

gba To 1.The Sub Collector, Tindivanam.

2.The Tahsildar, Tindivanam.

W.P. No.30754 of 2022 18.11.2022 4/4