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Madras High CourtWP/35449/2019disposed of

K.S.R.Anirudha v. The District Collector

2022-01-31Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN W.P.No.35449 of 2019 K.S.R.Anirudha

...Petitioner

Vs 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer, 4.The Assistant District of Survey and Settlement, Survey and Settlement Department, Collectorate Office, 5.The Tahsildar, Sholinganallur Taluk,

...Respondents

Prayer :- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dated 22.02.2019 to rectify the error committed with respect to the extent in the computerised patta for the petitioner's plot situated in Plot No.182, "Kutbi Complex" layout, originally comprised in survey No.212, sub division survey No.212/22 in patta No.3918 (Old patta No.3183), No.49, Injambakkam Village, Tambaram Taluk, Kancheepuram District, presently Sholinganallur Village, forthwith within the time stipulated by this Court.

For Petitioner :

Mr.T.N.Rajagopalan For Respondents :

Mr.S.Rajesh Government Advocate

ORDER

This writ petition has been filed for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the representation of the petitioner dated 22.02.2019 to rectify the error committed with respect to the extent in computerised in the patta for the petitioner's plot situated in Plot No.182, "Kutbi Complex" layout, originally comprised in survey No.212, sub division survey No.212/22 in patta No.3918 (Old patta No.3183), No.49, Injambakkam Village, Tambaram Taluk, Kancheepuram District, presently Sholinganallur Village, forthwith within the time stipulated by this Court.

2. Heard, Mr.T.N.Rajagopalan, learned counsel appearing for the petitioner and Mr.S.Rajesh, learned Government Advocate appearing for the respondents.

3. The case of the petitioner is that the petitioner purchased a Plot in No.182, Kutbi Complex layout, comprised in survey No.212, sub division survey No.212/22 in patta No.3918 (Old patta No.3183), No.49, Injambakkam Village, Tambaram Taluk, Kancheepuram District, by a registered sale deed dated 15.09.2014 vide document No.6563 of 2014 from one S.Bhavani, represented by her Power Agent. In fact, the patta was granted to the petitioner's vendor under patta No.5904 to an extent of 2360 sq.ft. The "A" Register and other revenue records also mentioned the extent of the land as 2360 sq.ft.

4. After purchase, the petitioner applied for patta and the petitioner was granted patta in patta No.5904. However, the extent of the land has been wrongly mentioned as 2.00 ares instead of 2.20 ares. The petitioner came to know that the then software in the Revenue Department did not allow approximation in decimals and hence all plot owners were given the same extent in ares as 2.00 ares approximating to the nearest decimal being 0.5 or corresponding whole number as the case may be.

5. Therefore, the petitioner submitted a representation to the third and fifth respondents herein to rectify the extent in the patta. The fifth respondent, after conducting enquiry, sent a letter to the third respondent on 11.07.2019, on receipt of the reports from the Village Administrative Officer, Revenue Inspector and the Deputy Tahsildar after having conducted a detailed survey along with a surveyor's report stated that an error has been occurred while updating the extent in the computer for issuance of patta and it has to be rectified. In spite of the report, the fifth respondent failed to rectify the error occurred in the patta.

6. A perusal of the counter filed by the fifth respondent reveals that the 2360 sq.ft of land comprised in survey No.212/22, Injambakkam Village actually equivalent to

220 sq.mts. As per conversion table issued by the Central Survey Officer, the extent was furnished only as 200 sq.mts. It had already been held by the Assistant Director of Survey that in all such cases, while converting the extent to Metric System, the extent was furnished as per the conversion table issued by the Central Survey Office and that this error could be rectified only during Town Survey.

7. The learned Government Advocate also pointed out that similar type of cases, even after direction issued by this Court, an error was not able to rectify and the party concerned filed Contempt Petition before this Court. In the Contempt Petition, this Court recorded the submission made by the respondents that the error could be rectified only during Town Survey of the village.

8. In view of the above, the fourth respondent is directed to conduct Town Survey in respect of the subject property, after obtaining necessary orders from the Government of Tamil Nadu. The Government of Tamil Nadu is directed to pass necessary orders to conduct Town Survey in respect of the area, which is not conducted Town Survey already. Thereafter, the fifth respondent is directed to rectify the error committed with respect to the extent in computerised in the patta for the petitioner's plot situated in Plot No.182, "Kutbi Complex" layout, originally comprised in survey No.212, sub division survey No.212/22 in patta No.3918 (Old patta No.3183), No.49, Injambakkam Village, Tambaram Taluk, Kancheepuram District, forthwith and issue patta in favour of the petitioner.

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

Sd/- Assistant Registrar (CS-II) //True Copy// Sub Assistant Registrar Lpp To 1.The District Collector, 2.The District Revenue Officer, 3.The Revenue Divisional Officer,

4.The Assistant District of Survey and Settlement, Survey and Settlement Department, Collectorate Office, 5.The Tahsildar, Sholinganallur Taluk, +2ccs to Mr.T.N.Rajagopalan, Advocate SR. No.5793 +1cc to Government Pleader SR. No.6409 W.P.No.35957 of 2019 PMK (CO) PR (14/03/2022)