Thiyagarajan v. The District Collector
In the High Court of Judicature at Madras Dated : 20.12.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.38151 of 2024 Thiyagarajan
...Petitioner
Vs 1.The District Collector, Chengalpattu District.
2.The Revenue Divisional Officer, Chengalpattu District.
3.The Tahsildar, Cheyyur Taluk, Chengalpattu District.
4.The Land Surveyor, Cheyyur Taluk, Chengalpattu District.
5.The Village Administrative Officer, Parameswara Mangalam Village, Cheyyur Taluk, Chengalpattu District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to rectify the error in patta No.1319 and the other revenue records as per the settlement deed vide doc.No.1968 of 1997 dated 10.12.1997 through considering his representation dated 24.9.2024 within the period that may be stipulated by this Court. 1/5
For Petitioner :
Mr.A.Arun Kumar For Respondents :
Mr.P.Sathish, AGP
ORDER
Seeking a Mandamus to the second respondent to consider his representation dated 24.9.2024 to rectify the error in patta No.1319 and the other revenue records, the petitioner is before this Court.
2. Heard the learned counsel for the petitioner and the learned Additional Government Pleader accepting notice for the respondents.
3. The petitioner would contend that he acquired the property in S.No.441/3A3 measuring 8 cents situated at Parameswara Mangalam Village, Cheyyur Taluk, Chengalpattu District by way of a settlement deed dated 10.12.1997 registered as doc.No.1968 of 1997 on the file of the Sub-Registrar, Cheyyur and executed by his grandfather in his favour when he was a minor. Immediately after the execution of the said settlement deed, possession was handed over and later, patta was granted in favour of the petitioner. Since then, the petitioner has been in possession and enjoyment of the said property.
4. In order to develop the said property, the petitioner made several applications to conduct a survey in respect of the said property 2/5
and fix its boundaries. At that point of time, it came to light that there is a measurement error in patta No.1319 and the other revenue records. Instead of mentioning the extent as 8 cents, an extent of 2 Ares (5 cents) has been mentioned in the patta and the other revenue records. Hence, the petitioner made a representation dated 24.9.2024 to the second respondent seeking to rectify the error in patta No.1319 and the other revenue records as per the said settlement deed dated 10.12.1997. In turn, vide proceedings dated 07.10.2024, the second respondent forwarded the said representation dated 24.9.2024 to the third respondent and further directed the third respondent to conduct an inquiry and submit a report. Pursuant to that, there has been no response from the third respondent. Hence the writ petition.
5. The fact that the said property belongs to the petitioner is seen from the narration in the affidavit filed in support of the writ petition. Since the petitioner acquired the said property by way of a settlement deed, he requested the second respondent to rectify the error in patta No.1319 and the other revenue records with regard to the extent.
6. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the second respondent 3/5
to consider the said representation of the petitioner dated 24.9.2024 to rectify the error in patta No.1319 and the other revenue records with regard to the extent as per the said settlement deed dated 10.12.1997 and pass appropriate orders within a period of 12 weeks from the date of receipt of a copy of this order. No costs. 20.12.2024 To 1.The District Collector, Chengalpattu District.
2.The Revenue Divisional Officer, Chengalpattu District.
3.The Tahsildar, Cheyyur Taluk, Chengalpattu District.
4.The Land Surveyor, Cheyyur Taluk, Chengalpattu District.
5.The Village Administrative Officer, Parameswara Mangalam Village, Cheyyur Taluk, Chengalpattu District.
RS 4/5
P.T.ASHA,J RS 20.12.2024 5/5