S.Vijayalakshmi v. Commissioner Of Land Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA S.Vijayalakshmi ... Petitioner Vs.

1.Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-640 005.

2.The District Collector Office of District Collector, Coimbatore-641 018.

3.The Assistant Director (Land Survey) Office of District Collector, Coimbatore.

4.The Surveyor Central Zone, Coimbatore Corporation, Coimbatore District.

5.The Tahsildar Taluk Office, Coimbatore North Coimbatore.

...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 correct the extent of the property in T.S.No.1280/2022 as 124.44 square meter instead of 54.0 square meter.

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For Petitioner : M/s.C.Veeraraghavan For Respondents :M/s.R.P.Murugan Raja, Govt. Advocate for R.1 to R.5.

O R D E R

The Writ Petition is filed for the issue of a mandamus directing the 2nd respondent to correct the extent of the property in T.S.No.1280/2022 as 124.44 square meter instead of 54.0 square meter.

2. It is the case of the petitioner that she is the joint owner of the property comprised in T.S.No.1280/2022, Survey Ward No.K(11), Block No.36, Coimbatore Corporation along with her two sons, namely, Senthilnathan and S.Balaji. The said property originally belonged to the petitioner's husband late A.Subaramanian and his brothers, namely, A.Arunachalam and A.Venkatesan. They had partitioned the properties amongst themselves. However, in view of the inconvenience caused in the enjoyment of the property so allotted, the petitioner and the said A.Venkatesan had entered into a registered exchange deed dated 05.02.1996.

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3. The petitioner would further submit that her brother-in-laws had executed a release deed dated 02.11.2020, registered as document no.6268/ 2020, on the file of the SRO, Ganapathy and released their shares in the subject property in favour of the petitioner as a result of which the petitioner and her sons became entitled to the extent of 124.44 square meter. The petitioner would submit that in order to partition the properties she had verified the revenue records where it came to light that in the TSLR register the lands belonging to her was shown as only an extent of 54 square meter and not 124.44 square meter. Therefore, a representation was made to respondents 3 and 4 to correct the extent in the TSLR register on 29.06.2024. The said representation had been received on 01.07.2024 and 02.07.2024 by respondents 3 and 4 respectively. However, there has been no further progress in the said representation. Therefore, the writ petition.

4. Heard the learned counsel on either side.

5.Considering the limited prayer sought for by the petitioner, a mandamus is issued to respondents to consider and pass orders on the petitioner's representation dated 29.06.2024, within a period of 3 weeks from the date of receipt of a copy of this order. A speaking order shall be 3/5

passed in case the respondents are not inclined to correct the TSLR entry.

6. With the above directions, this Writ Petition is allowed. No costs. 11.11.2024 (shr) Index : Yes/No Speaking Order: Yes/No To 1.Commissioner of Land Administration Ezhilagam, Chepauk, Chennai-640 005.

2.The District Collector Office of District Collector, Coimbatore-641 018.

3.The Assistant Director (Land Survey) Office of District Collector, Coimbatore.

4.The Surveyor Central Zone, Coimbatore Corporation, Coimbatore District.

5.The Tahsildar Taluk Office, Coimbatore North Coimbatore.

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P.T. ASHA . J., (shr) 11.11.2024 5/5