Ammaiyamma v. The District Collector

in M.DHANDAPANI., J.

The present Miscellaneous petition is filed to amend the Survey Number of the subject property in the prayer of the main Writ petition as well as the order dated 01.09.2022 made in W.P.No.23430 of 2022.

2. Learned counsel appearing for the petitioner submitted that, inadvertently, the Survey number of the subject property was erroneously mentioned as S.No.34/7 instead of 54/7 in the prayer and affidavit of the main Writ petition, due to which, the petitioner was put to irreparable hardships and was unable to obtain patta. Hence, this Court may direct the registry to carry out the necessary corrections in the order copy dated 01.09.2022 and re-issue fresh order copy.

3. Satisfied with the above submissions made by the learned counsel for the petitioner, the Survey Number of the subject property shall stand modified as S.No.54/7 instead of S.No.34/7 in the order copy dated 01.09.2022.

4. All the other observations and conditions made in the earlier order dated 01.09.2022 shall remain intact, except for the above said correction. 1/8

M.DHANDAPANI., J.

skt

5. Registry is directed to carry out the necessary correction in the order dated 01.09.2022 and issue a fresh copy of the order to the learned counsel for the parties.

30.03.2023 skt in

IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 01.09.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Ammaiyamma

...Petitioner

vs.

1. The District Collector, Collector Office, Krishnagiri District

2. The District Revenue Officer, District Revenue Office, Hosur, Krishnagiri District.

3. The Thasildar, Thasildar Office, Hosur, Krishnagiri District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to carry out necessary mutation in the village records by entering the petitioner's name as pattathar of the property, viz., having an extent of 2 1⁄2 cents comprised in Survey No.34/7 in Nagondapalli Village, Hosur, Krishnagiri District, as per settlement deed in D.No.6956/2009 dated 03.12.2007 on the file of the SRO, Kelamankalam, Krishnagiri district and to issue separate patta in the name of the petitioner by considering the representation to the 3rd respondent dated 01.08.2022 within a reasonable time to be fixed by this Court.

For petitioner : Mr.P.M.Jayachandran 3/8

For respondents : Mr.G.Krishna Raja Additional Government Pleader

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the respondents to carry out necessary mutation in the village records by entering the petitioner's name as pattathar of the property, viz., having an extent of 2 1⁄2 cents comprised in Survey No.34/7 in Nagondapalli Village, Hosur, Krishnagiri District, as per settlement deed in D.No.6956/2009 dated 03.12.2007 on the file of the SRO, Kelamankalam, Krishnagiri district and to issue separate patta in the name of the petitioner by considering the petitioner's representation dated 01.08.2022 within a reasonable time to be fixed by this Court.

2. The case of the petitioner is that she acquired the above said property from her husband namely Nariyanappa vide Settlement Deed dated 03.12.2007. Thereafter, the petitioner made a representation before the respondents dated 01.08.2022, seeking to issue separate patta in her favour and to carry out necessary mutation in the village Records. Since the same was not considered by the respondents, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

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3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court, issues direction to the third respondent to consider the petitioner's representation dated 01.08.2022 and pass appropriate orders within a time frame that may be fixed by this Court.

4. The learned Additional Government Pleader appearing for respondents has no objection for the said order being passed.

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the facts and circumstances of the case, this Court without going into the merits of the case, directs the third respondent to consider the said representation of the petitioner dated 01.08.2022 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

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

01.09.2022 RAP Index : Yes/No Speaking order : Yes/No To

1. The District Collector, Collector Office, Krishnagiri District

2. The District Revenue Officer, District Revenue Office, Hosur, Krishnagiri District.

3. The Thasildar, Thasildar Office, Hosur, Krishnagiri District.

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M.DHANDAPANI, J.

RAP 7/8

01.09.2022 8/8