Madras High CourtWP/32855/2024allowed

P.Pachaiyammal v. The District Collector

2024-11-11Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 11.11.2024 THE HONOURABLE Ms. JUSTICE P.T. ASHA W.P.No.32855 of 2024 P.Pachaiyammal ... Petitioner V.s

1. The District Collector, Thiruvannamalai District, Thiruvannamalai.

2.The Revenue Divisional Officer, Thiruvannamalai, Thiruvannamalai District.

3. The Tahsildar, Chengam Taluk, Thiruvannamalai District.

4. The Field Surveyor and Draftsman, Chengam, Thiruvannamalai District.

5.Suguna

6. Ponnumudi Chari.

7. Govindhasamy

8. Durai 9.Shenbaga 10.Vellaiyan ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of 1/6

India seeking Writ of Mandamus to direct the 2nd respondent to pass orders for correction of errors in the patta for S.No.140/4D. Melravndhavadi Village, Chengam Taluk, Thiruvannamalai District based on the report of the 3rd respondent dated 27.06.2023, within a time frame to be fixed by this Court.

For Petitioner :

Mr.T.Panchatsaram For Respondent 1 to 3 :

Mr.A.Selvendran Special Government Pleader

ORDER

The petitioner seeks a mandamus to the 2nd respondent for correcting the errors in patta, as the 1st respondent has failed to act on the representation given by the petitioner on 15.05.2023, despite the report of the 3rd respondent recommending the correction.

2. It is the case of the petitioner that when she had applied for sub division and the patta transfer to the 3rd respondent for an extent of 0.23 cents in Ayanpunjai Survey No.140/4, Melravndhavadi Village, Chengam Taluk, Thiruvannamalai District, she came to know that an extent of 0.13 3⁄4 cents out of 0.23 cents of land had been added to pata 2/6

Nos.113 and 1083, belonging to several parties. Therefore, the petitioner had made the said representation. In fact on 02.02.2023, the 2nd respondent had issued a specific direction to the 3rd respondent to rectify the correction within a period of 3 weeks. However, the same has not been complied with. She had also given a representation to the 1st respondent to rectify the correction, however, to date, the same has not been done. Hence, the writ petition.

3. Heard the learned counsels on either side.

4. The petitioner had purchased an extent of 0.23 cents in the aforesaid survey number under a registered sale deed dated 05.10.2015 and when she applied for patta transfer on 23.11.2022, she has come to learn that 0.13 3⁄4 cents had been added to different patta numbers belonging to several persons. It is also seen that the 2nd respondent had issued an order to the 3rd respondent to rectify the correction which has not been carried out and the representation to the 1st respondent has 3/6

also not yielded the requisite results. Therefore, in view of this dereliction of duty, the writ is allowed and a mandamus is issued to the 1st respondent to consider the representation of the petitioner dated 11.12.2020 based on the recommendation of the 2nd respondent dated 02.02.2024 and to pass a speaking order, within a period of 8 weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

11.11.2024 Index: Yes/No srn 4/6

1. The District Collector, Thiruvannamalai District.

2. The Tahsildar, Tiruvannamalai, Tiruvannamalai District.

3. The Village Administrative Officer, Nalalvanpalayam Village, Thiruvannamalai District 5/6

P.T.ASHA, J., srn W.P.No.32855 of 2024 11.11.2024 6/6