R.S.Ramakrishnan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.34920 of 2019 R.S.Ramakrishnan S/o Late Suryanarayana Iyer No.1 Viyazer Street, Devikarumari Amman Nagar, Pallikaranai, Chennai - 600 100.

Represented by his Power of Attorney S.Duraipandian S/o.Sanmugavel, No.12, Deivasigamani Street (Opposite to Library) Pallikaranai, Chennai - 600 100.

... Petitioner vs.

1.The District Collector Office of the District Collectorate Rajaji Salai Chennai - 600 001.

2.The Revenue Divisional Officer Office of the Revenue Divisional Officer Chennai South Division Guindy, Chennai - 600 032.

3.The Tahsildar Taluk Office Sholinganallur Taluk Guindy, Chennai - 600 032.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent herein to issue fresh patta by correcting the extent of the land as 2.2 Ares instead of 1.9 Ares in favour of the petitioner in respect of land of an extent of 2400 sq. ft. comprised in S.No.313, as per Patta S.No.313/1B, bearing Patta No.2015, Plot No.40, bearing Door No.1, Vysya

Street, Devi Karumariamman Nagar, Pallikaranai Village, Sholinganallur Taluk, Chennai District.

For Petitioner : Mr.J.Franklin For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 3rd respondent herein to issue fresh patta by correcting the extent of the land as 2.2 Ares instead of 1.9 Ares in favour of the petitioner in respect of land of an extent of 2400 sq. ft. comprised in S.No.313, as per Patta S.No.313/1B, bearing Patta No.2015, Plot No.40, bearing Door No.1, Vysya Street, Devi Karumariamman Nagar, Pallikaranai Village, Sholinganallur Taluk, Chennai District.

2. On perusal of the counter affidavit filed by the 3rd respondent, revealed that the Assistant Director of Survey and Land Records, who is having the powers for change in area in the villages in which town survey has been carried out had rejected the claim of the petitioner stating that when the Updating Registry of Land Records were taken up from 1983, it was decided to fix the minimum extent of 50 Sq.metres and sub-divisions were carried out in the denominations. The Assistant Director of Survey and Land Records further submitted that the patta issued to the petitioner for an extent of 300 Sq.metres for the extent of 3600 Sq.ft., purchased by him was correct. Further, a copy of the conversion table issued by the Central Survey Office. The error occurred in the case of the petitioner shall be solved only during the town survey of the entire village. Therefore, the difference in extent in respect of the property ad-measuring 2400 Sq.ft, comprised in S.No.313/1B of Pallikaranai Village from 190 Sq.metres to 223 Sq.metres could be rectified only during town survey of the said village.

3. In view of the above, the 3rd respondent is directed to consider accordingly and issue fresh patta in favour of the petitioner by correcting the extent of the subject property, during town survey.

4. With the above direction, this writ petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR dm To 1.The District Collector, Office of the District Collectorate, Rajaji Salai, Chennai - 600 001.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Chennai South Division, Guindy, Chennai - 600 032.

3.The Tahsildar, Taluk Office, Sholinganallur Taluk, Guindy, Chennai - 600 032.

+1cc to the Government Pleader Sr.6009 W.P.No.34920 of 2019 vg-II[co] srg 23/02/2022