R.Ramakrishnan, v. The District Collector

In the High Court of Judicature at Madras Dated : 02.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.38897 of 2024 R.Ramakrishnan

...Petitioner

Vs 1.The District Collector, Salem District, Salem.

2.The District Revenue Officer, Salem District, Salem.

3.The Tahsildar, Kadaiyampatti Taluk Office, Kadaiyampatti, Salem District.

4.Senthil

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to dispose of the petitioner's appeal dated 07.3.2024 to rectify the error in A-Register and include the 15 cents of land in the petitioner's patta No.1438 in S.No.34/11A and survey the petitioner's land as per the sale deed in doc.No.90 of 1963, Sub-Registrar, Omalur.

For Petitioner :

Mr.V.Elangovan 1/4

For R1 to R3 :

Mr.R.P.Murugan Raja, GA

ORDER

Seeking a direction to the second respondent to dispose of the petitioner's appeal dated 07.3.2024 to rectify the error in A-Register and include 15 cents of land in patta No.1438 in S.No.34/11A and survey the petitioner's land as per the sale deed dated 24.1.1993 in doc.No.90 of 1963 on the file of the Sub-Registrar, Omalur, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 3.

3. The case of the petitioner is as follows : (i) The property measuring 56 cents in S.No.34/11, Kanjanaickenpatti Village, Kadayampatti Taluk, Salem District was purchased by the petitioner's mother from one Mr.Palanisamy vide sale deed dated 24.1.1963 registered as doc.No.90 of 1963 on the file of the Sub-Registrar, Omalur for a valid sale consideration. After the death of his mother, the petitioner has been in possession and enjoyment of the said property. Based on the parent document, the petitioner applied for patta. But, he was granted the computerized patta No.1438 only in respect of 40 3/4 cents instead of 56 cents. 2/4

(ii) Later, the petitioner came to know that without having any right whatsoever, the balance 15 cents of the said property has been erroneously included in the computerized patta issued in favour of the fourth respondent pursuant to the UDR scheme introduced by the Government of Tamil Nadu in the year 1979. It was so done in the ARegister in S.No.34/11B. On coming to know about the same, the petitioner sent an appeal petition dated 07.3.2024 to respondents 1 and 3, the Revenue Divisional Officer, Mettur, Salem District and the Revenue Inspector, Kanjanaickenpatti Post, Kadayampatti Taluk, Salem District. According to the petitioner, the said appeal dated 07.3.2024 has been forwarded to the second respondent for taking proper action. Hence the writ petition.

4. As the petitioner himself pleads that the said appeal petition is now pending with the second respondent, the writ petition is allowed and a Mandamus issued to the second respondent to consider the appeal petition dated 07.3.2024 for rectifying the error in the ARegister and including the 15 cents of land in the petitioner's patta No.1438 in S.No.34/11 on merits and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. No costs.

3/4

02.1.2025 P.T.ASHA,J RS To 1.The District Collector, Salem District, Salem.

2.The District Revenue Officer, Salem District, Salem.

3.The Tahsildar, Kadaiyampatti Taluk Office, Kadaiyampatti, Salem District.

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