Annapoorani v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Annapoorani ... Petitioner -vsThe Tahsildar, Thiruppathur, Sivagangai District.

...

Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondent to rectify the errors in the extract of the land in Survey No.122/32 and 122/33 at South Naduvikottai Village, Thiruppathur, Sivagangai District, in virtue of the declaration made by the learned Sub Court, Sivagangai, in OS No.56 of 2008, dated 15.02.2016.

For Petitioner :

Mr.RM.Arun Swaminathan For Respondent : Mr.A.Kannan, Addl.Govt.Pleader.

ORDER

This Writ Petition is filed for a mandamus, directing the respondent to rectify the errors in the extract of the land in Survey No.122/32 and 122/33 at South Naduvikottai Village, Thiruppathur, Sivagangai District, by virtue of the declaration made by the learned Sub Court, Sivagangai, in OS No.56 of 2008, dated 15.02.2016.

2. The subject property was purchased by the petitioner's husband - late Arumugam in the years 1957 and 1965 through registered sale deeds. While so, there was some disturbance by the local people, including the Panchayat of Kelayur. The petitioner approached the Sub-Court, Sivagangai, for a declaration in O.S.No.56 of 2008 and the said suit was decreed in favour of the petitioner on 15.02.2016. The petitioner applied for transfer of patta to the respondent on 25.02.2022, and patta was also transferred in the name of the petitioner. As there were certain errors in the patta, the petitioner sent representations to the respondent on 22.06.2022 and 10.12.2024 to rectify the said errors. As no action was taken by the respondent, the petitioner filed the above Writ Petition for the aforesaid relief.

3. It is seen that following the application, patta was issued to the petitioner and, as there were some discrepancies in the extent of property in

the patta issued to the petitioner, the petitioner sent representations to the respondent, but the respondent did not act on the same. It is also seen that the petitioner gave a representation as early as on 25.02.2022 and, thereafter, sent reminder representations on 22.06.2022 and 10.12.2024. However, in spite of a lapse of more than two years, the respondent has not taken any action for rectification of errors in the patta.

4. In the given situation, the respondent is directed to rectify the errors in the extract of the land in the patta issued to the petitioner on merits and in accordance with law and also in terms of the decree passed in O.S.No. 56 of 2008, dated 15.02.2016, by Sub-Court, Sivagangai, within a period of eight weeks from the date of receipt of copy of this order.

5. Writ Petition is disposed of accordingly. No costs. 09.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

The Tahsildar, Thiruppathur, Sivagangai District.

N.MALA, J.

dixit 09.01.2025