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Madras High CourtWP(MD)/2864/2021disposed of

Royal Shelters v. The Tahsildar

2021-03-16Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN Royal Shelters represented by its Managing Partner, P.Ravichandran, S/o.S.Perinbam, No.D, 27, 7th Cross Street (East), Thillai Nagar, Trichy .. Petitioner Vs The Tahsildar, Tiruchirappalli West Taluk, Bharatidasan Road, Cantonment, Tiruchirapalli.

.. Respondent PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to pass orders on the statutory applications preferred by the petitioner dated 22.10.2020 under Section 10 of the Tamil Nadu Patta Pass Book Act, 1983, within the time that may be stipulated by this Court.

For Respondents : Mr.C.Ezhilarasu For Respondent : Mr.M.Jaya kumar, Additional Government Pleader

ORDER

The case of the petitioner is that he is a resident of Tiruchirappalli and he is the Managing Partner of M/s.Royal Shelters, which is engaged in development of lands and construction of housing and infrastructure. The firm has intended to develop the property in Survey Nos.7/1 and 7/1A Tiruchirappalli. 2.The Petitioner firm has purchased the said property vide registered document Nos.1867 and 1868 of 2019, dated 20.03.2019 and document No.1917 of 2019 dated 23.02.2019 registered on the file of the jurisdictional Sub-Registrar.

3.The patta in respect of the property has been issued in favour of the petitioner's vendors. The petitioner firm after purchasing the property submitted an application for mutation of 1/3

revenue records, namely, the change of patta by sub-dividing the property. The officials concerned inspected the property and the respondents passed an order on 31.12.2018 sub-dividing the property in S.F.No.7/1A Block 24 in Ward J, Tiruchirappalli. The sub-division number is 7/4, Block 24, Tiruchirappalli.

4.On the basis of the said proceedings, the petitioner submitted statutory applications showing the property to be in survey Nos.7/4 and 7/5 in U Thirumalai Village, Tiruchirappallai. The authorities in furtherance of the sub-division has also granted approval for the development and also in terms of the application submitted by the petitioner.

5.In the said circumstances, the petitioner has approached the respondent for mutation of patta in the name of the partnership. The petitioner was given to understand that an error had crept in the files of the respondent, instead of reflecting survey Nos.7/4 Block 24 Ward J, Tiruchirappalli, it has been wrongly recorded as survey No.7/7 respectively. Due to the error as found in the record maintained by the respondents, the petitioner is unable to develop its land despite the statutory permission being granted to them. 6.In the said circumstances, the petitioner has approached the respondent by submitting the application on 22.10.2010 for correcting the mistake, which had crept in in the revenue records inadvertently. Since no action was forthcoming, the writ petitioner has also submitted a reminder dated 05.12.2020, which also did not evoke any response and therefore, the petitioner is before this Court.

7.When the matter is taken up for hearing, the learned Counsel for the petitioner reiterated the above facts and would submit that it is a simple matter of correction of a mistake, which had crept in in the records and therefore, a direction may be issued to the respondent to mutate the records in terms of the request made on 22.10.2010 by the petitioner.

8. The learned Additional Government Pleader appearing for the respondent submitted that the authority had already initiated action for making correction as requested by the petitioner and if any reasonable time is granted by this Court, the same would be duly complied with.

9.In view of the aforesaid submission of the learned Additional Government Pleader appearing for the petitioner, the writ petition is disposed of, with a direction to the respondent to carry out necessary mutation in the revenue records in terms of the request of the petitioner dated 20.10.2020 and communicate the change / correction to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

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10.The writ petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS)dsk dsk To The Tahsildar, Tiruchirappalli West Taluk, Bharatidasan Road, Cantonment, Tiruchirapalli.

+1 CC to M/s.SPL GP ( SR-11989[F] dated 17/03/2021 ) 16.03.2021 RK (26.04.2021) 3P 3C 3/3