Muni Lakshmamma v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.12.2016

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.44217 of 2016 Muni Lakshmamma ..Petitioner ..Vs..

1. The District Revenue Officer, Collector Office, Krishnagiri District.

2. Assistant Director, Survey and Land Records Department, District Collector Office, Krishnagiri.

3. The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

4. The Tahsildar, Hosur Taluk Office, Hosur 635 109, Krishnagiri District.

5. Ellappa @ Pappanna, Thottagiri Village, Avalapalli Post, Hosur Taluk, Krishnagiri District.

..Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the 1st respondent to consider the petitioner's representation dated 12.09.2016 for rectifying the error crept in, in respect of lands to an extent of 1.48 Acres in Survey No.352/1 of Avalapalli Village, Hosur Taluk, Krishnagiri District. For Petitioner :

Mr.R.Bharath Kumar For Respondents:

Mr.P.Selvakumar, AGP

ORDER

With consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The petitioner has come up with the present writ petition, praying for issuance of a writ of mandamus to direct the first respondent to consider her representation, dated 12.09.2016, for rectifying the error crept in, in respect of lands to an extent of 1.48 Acres in Survey No.352/1 of Avalapalli Village, Hosur Taluk, Krishnagiri District within the time that may be stipulated by this Court.

3. The case of the petitioner, as stated in the supporting affidavit to this Writ Petition is that, the lands measuring to an extent of 1.48 acres comprised in Survey No.352/1 of Avalapalli Village, Hosur Taluk, Krishnagiri District purchased by the petitioner under a sale deed dated 14.09.1976 registered as Document No.2376/1976 in the office of Sub Registrar, Hosur from one Mr.Chennappa for valid consideration and the petitioner inherited the same, and in regard to the same, mutations were also carried out in the revenue records in the name of the petitioner.

When the petitioner with an intent to develop the property approached the Nationalized Banks for the purpose of availing loan, he was asked to produce computerized patta with respect to the said property, which necessitated the petitioner to approach the fourth respondent/Tahsildar. The petitioner, to her shock, has been informed by the fourth respondent that, when the Scheme for Resettlement of the lands were updated, the aforesaid property was wrongly entered in the name of the fifth respondent. Seeking rectification of the said error, the petitioner submitted a representation, dated 12.09.2016, to the first respondent/District Revenue Officer. In addition to that, the petitioner went in person with all relevant documents to prove his ownership over the afore said property.

But, as on date, no steps have been taken by the first respondent to redress the grievance of the petitioner. Hence, the petitioner has approached this Court, by way of filing this Writ Petition, seeking for the relief, as stated above.

4. Heard Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.P.V.Selvakumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 4.

5. In the light of the above, there will be a direction to the first respondent to consider the petitioner's representation, dated 12.09.2016, made for rectification of the error crept in the revenue records, and pass orders on merits and in accordance with law, after affording an opportunity of

hearing to all the parties concerned. The above direction be complied with, by the first respondent within a period of twelve weeks from the date of receipt of a copy of this order. 6.

With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar nvi To

1. The District Revenue Officer, Collector Office, Krishnagiri District.

2. Assistant Director, Survey and Land Records Department, District Collector Office, Krishnagiri.

3. The Tahsildar, Sub Collector Office, Hosur, Krishnagiri District.

4. The Tahsildar, Hosur Taluk Office, Hosur 635 109, Krishnagiri District.

+1cc to Mr.R. Bnharath Kumar, Advocate, S.R.No.76252 +1cc to the Government Pleader, S.R.No.76362 KS(CO) Eu 30/1/17 WP.No.44217 of 2016