Smt.Valarmathi v. The District Collector
In the High Court of Judicature at Madras Dated : 05.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.35989 of 2024 Valarmathi
...Petitioner
Vs 1.The District Collector, Collectorate, Villupuram District, Villupuram.
605602.
2.The District Revenue Officer, Collectorate, Villupuram District, Villupuram.
605602.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tindivanam, Villupuram District.
4.The Tahsildar, Office of the Tahsildar, Melmalaiyanur Taluk, Melmalaiyanur, Villupuram District.
5.The Village Administrative Officer, Sevalapurai North Village Account, Melmalaiyanur Taluk, Villupuram District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second 1/7
respondent to update her name in the computer patta to the properties situated in S.No.162/5 to an extent of 7 1/2 cents in Sevalapurai North Village Account, Melmalaiyanur Taluk, Villupuram District within the time limit prescribed by this Court. For Petitioner :
Mr.A.Gouthaman For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the second respondent to update her name in the computer patta in respect of the properties situated in S.No.162/5 measuring 7 1/2 cents in Sevalapurai North Village Account, Melmalaiyanur Taluk, Villupuram District, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is as follows : (i) Considering the fact that she belongs to a scheduled caste community, the Government assigned an extent of 7 1/2 cents in S.No.162/5, Thathikulam Village, Melmalaiyanur Taluk, Villupuram 2/7
District to the petitioner under the Adi Dravidar Welfare Scheme at free of costs. She was also issued patta No.8A/323/1414 dated 04.3.2005.
(ii) The land assigned to the petitioner was originally comprised in S.No.162/1, which was later subdivided by the Government and the patta was issued to the petitioner. Based on the assignment patta, the Revenue Authorities carried out corrections in the A Register, the chitta and the field map. However, the name of the petitioner was not updated in the computerized patta. The petitioner has been in peaceful possession and enjoyment of the said property ever since the date of assignment. She also put up a construction thereupon and is residing there along with her family. The house constructed by the petitioner is also assessed to tax by the Local Authority.
(iii) On 08.7.2024, the petitioner sent a representation to the first respondent to include the said property as revenue natham in the A register. Pursuant to that, the first respondent also issued a memo dated 26.7.2024 directing the fourth respondent to take steps upon the said representation. The petitioner also gave a representation to the fourth respondent on 30.8.2024 to record the assigned patta in the computerized records. She further sent a representation dated 16.9.2024 to the Sub-Collector, Tindivanam to 3/7
update the assignment patta in the computerized records. Further, based on the report given by the Revenue Inspector, Melmalaiyanur Firka and the Regional Deputy Tahsildar, Melmalaiyanur, the fourth respondent, vide proceedings dated 08.10.2024, recommended to the Sub-Collector, Tindivanam for effecting changes in the computerized records. Based upon the assignment patta, changes had been effected in the A register and the chitta. Despite the said recommendations, the updation has not taken place in the computerized records till date. Hence the writ petition.
4. This Court has carefully considered the submissions of the learned counsel on either side and perused the materials available on record.
5. The fourth respondent has given a report to the SubCollector, Tindivanam recommending updation in the computerized records as per the revenue records such as A register and the chitta vide his communication dated 08.10.2024. However, necessary entries have not been updated.
6. The documents enclosed along with the affidavit filed in support of the writ petition would show that the revenue records like 4/7
A register, the chitta and the patta in respect of the said property stand in the name of the petitioner to an extent of 7 1/2 cents in respect of S.No.162/5. After conducting an inquiry, the fourth respondent also recommended to the Sub-Collector, Tindivanam for updation. Despite that, the second respondent has not performed his statutory duty.
7. Hence, the writ petition is allowed and a Mandamus is issued to the second respondent to update the computerized records with reference to the property situated at S.No.162/5 measuring 7 1/2 cents in Sevalapurai North Village Account, Melmalaiyanur Taluk, Villupuram District within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
05.12.2024 To 1.The District Collector, Collectorate, Villupuram District, Villupuram.
605602.
2.The District Revenue Officer, Collectorate, Villupuram District, Villupuram.
605602.
3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Tindivanam, Villupuram 5/7
District.
6/7
P.T.ASHA,J RS 4.The Tahsildar, Office of the Tahsildar, Melmalaiyanur Taluk, Melmalaiyanur, Villupuram District.
5.The Village Administrative Officer, Sevalapurai North Village Account, Melmalaiyanur Taluk, Villupuram District.
05.12.2024 7/7