Venkatagiriyamma, v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.12.2016
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR W.P. No. 44125 of 2016 Venkatagiriyamma .. Petitioner Vs.
1 The District Revenue Officer, College Office, Krishnagiri District.
2 The Sub Collector, Sub Collector Office, Hosur, Krishngiri District.
3 The Tahsildar Hosur Taluk Office, Hosur 635 109, Krishnagiri District.
4 Nagarathinamma 5 C.Ramanna 6 Sivappa .. Respondents PRAYER:
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd Respondent to consider the petitioner's representation dated 22.08.2016 for rectifying the error crept in, in respect of lands to an extent of 15 cents out of 3.85 Acres in Survey No.103/9A and 103/9B of Kothakondapalli Village, Hosur Taluk, Krishnagiri District within the time to be stipulated by this Honourable Court.
For Petitioner : Mr.R.Bharath Kumar For RR 1 to 3 : Mr. R.Rajeswaran Special Govt. Pleader
O R D E R
Heard Mr.R.Bharath Kumar, learned counsel appearing for the petitioner and Mr.R.Rajeswaran, learned Special Government Pleader appearing on behalf of the respondents 1 to 3.
2. By consent, the writ petition itself is taken up for final hearing, in view of the limited prayer.
3. The petitioner has come up with the present writ petition praying to direct the 2nd respondent to consider the representation of the petitioner dated 22.08.2016 for rectifying the error crept in, in respect of lands to an extent of 15 cents out of 3.85 Acres in Survey No.103/9A and 103/9B of Kothankondapalli Village, Hosur Taluk, Krishnagiri District.
4. Learned counsel for the petitioner submitted that petitioner's husband purchased the subject property consisting of 15 cents out of the entire extent 3.85 acres comprised in Survey No.103/9A vide registered sale deed dated 26.04.1939 registered as Document No.1849/1939. After the demise of the petitioner's husband, the revenue records have been transferred in petitioner name and Patta No.730 has been issued. Accordingly, the petitioner approached the 3rd respondent for issue of computerised patta and after verifying the records, the 3rd respondent informed the petitioner that the revenue records in respect of 15 cents out of 3.85 Acres were wrongly included in the Patta No.2435 (8.5 cents) in favour of Respondents 4 to 6 herein and Patta No.2250 (6.5 cents). The petitioner produced all the documents and explained the 3rd respondent that the petitioner land was in the said Survey Number and a mistake is crept in, in the revenue records. Hence, the petitioner has come up with this writ petition for rectifying the error crept in, in the revenue records.
5. Learned Special Government Pleader submitted that if the said representation dated 22.08.2016 made by the petitioner is in order, the same would be considered by the respondents, in accordance with law.
6. Considering the facts and circumstances of the case, without expressing any opinion on merits, the second respondent is directed to consider the representation of the petitioner dated 22.08.2016, if it is otherwise in order, in accordance with law, by giving a reasonable opportunity to the parties concerned and pass appropriate orders as expeditiously as possible, not later than twelve weeks from the date of receipt of a copy of this order.
7. The Writ Petition is disposed of, on the above terms. No costs.
Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar jv
To 1 The District Revenue Officer, College Office, Krishnagiri District.
2 The Sub Collector, Sub Collector Office, Hosur, Krishngiri District.
3 The Tahsildar Hosur Taluk Office, Hosur 635 109.
Krishnagiri District.
+1cc to Mr.R.Bharath Kumar Advocate Sr.No.76248 +1cc to Government Pleader Sr.No.76291.
W.P. No. 44125 of 2016 SR(CO) GN(23/01/2017)