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Madras High CourtWP/30424/2022disposed of

O.Suganthi v. The State Of Tamil Nadu

2022-11-16Honourable Mr Justice M.Dhandapani7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI O.Suganthi ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Secretary to Government, Revenue Department, Fort St.George, Chennai - 9.

2.The District Collector, Vellore, Vellore District.

3.The Revenue Divisional Officer, Gudiyattam, Vellore District.

4.The Tahsildar, Gudiyattam, Vellore District.

5.Thamayendran ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 4th respondent herein to rectify the mistake arising in the revenue records pertaining to the land having an extent of 1.21 Acres, having Patta No.723, comprised in Survey No.97/4A2, 4E3, 4E8, 4E14 situate in Gandhi Kanavai Village, Ramalai Village and 1/7

post, Gudiyattam Taluk, Vellore District and issue computer generated Chitta/ Patta showing the name of the petitioner paternal grandmother late D.Valliammal within the period stipulated by this Court. For Petitioner : Mr.Secular S.Arunkumar For Respondents : Mr.U.Bharanidharan for RR1 to 3 Additional Government Advocate

ORDER

The petitioner has filed this writ petition seeking issuance of a Writ of Mandamus, to direct the 4th respondent herein to rectify the mistake arising in the revenue records pertaining to the land having an extent of 1.21 Acres, having Patta No.723, comprised in Survey No.97/4A2, 4E3, 4E8, 4E14 situate in Gandhi Kanavai Village, Ramalai Village and post, Gudiyattam Taluk, Vellore District and issue computer generated Chitta/ Patta showing the name of the petitioner paternal grandmother late D.Valliammal within the period stipulated by this Court.

2.Since no adverse orders is being passed as against the 5th respondent, notice to the 5th respondent is dispensed with. 3.The case of the petitioner is that the agricultural land measuring an 2/7

extent of 1.82 Acres, having Patta No.1.21, comprised in S.No.97, situated in Gandhi Kanavai Village, Ra malai Village and Post, Gudiyattam Taluk, Vellore District originally belongs to the petitioner's paternal grandmother late D.Valliammal. She gave away 61 Cents of land out of the above mentioned extent by executing a Gift Deed registered as Doc.No.2560 of 2020 on the file of SRO, Gudiyattam. During the UDR Scheme there were discrepancies showing the name of third party in the above said land to an extent of 1.21 Acres belonging to the petitioner's grandmother. Therefore, the petitioner's grandmother gave a representation dated 18.08.2020 for rectifying the same. Subsequently, the said Valliammal died on 27.08.2021. Since, no action was taken on the above said representation, the petitioner has filed W.P.No.

28578 of 2022 seeking direction to the 4th respondent herein to rectify the mistake arising in the Revenue Records pertaining to the above said land to an extent of 1.21 Acres and this Court vide its 31.10.2022 dismissed the same directing the petitioner to file appropriate petition with clear facts. Hence, the petitioner has filed the present Writ Petition. 4.

paternal grandmother's representation dated 18.08.2020, to rectify the mistake arising in the revenue records pertaining to above said land and pass orders on the same within a particular time frame fixed by this Court. 5.Mr.U.Baranidharan, the Additional learned Government Advocate appearing for the respondents submits that if any direction is given by this Court, the same will be complied with.

6.Heard learned counsel appearing on either side and perused the materials available on record.

7.In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case directs the 4th respondent to consider the petitioner's paternal grandmother's representation dated 18.08.2020, to rectify the mistake arising in the revenue records pertaining to above said land, on merits and in accordance with law and pass appropriate orders, within a period of twelve weeks from the date of receipt of a copy of this order. This writ petition is accordingly disposed of. No costs. 4/7

16.11.2022 gba Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To 1.The Secretary to Government, for the State of Tamil Nadu, Revenue Department, Fort St.George, Chennai - 9.

2.The District Collector, Vellore, Vellore District.

3.The Revenue Divisional Officer, Gudiyattam, Vellore District.

4.The Tahsildar, Gudiyattam, Vellore District.

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M.DHANDAPANI,J.

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