Poongothai.N v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE N.Poongothai ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Karur, Karur District.

3. The Special Tahsildar, (Natham Land Scheme), Karur, Karur District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 17.07.2020 sought for issuance of patta with rectification of measurement in respect of the House Plot No.29 found in Survey No.441/1Z9 and 441/2H1 to the extent of 2400 sq.feet i.e, equivalent 222.96 sq.meter, situated at Thaanthoni Village, Karur Taluk, Karur District. For Petitioner : Mr.K.Anna For Respondents : Mrs.S.Jeyapriya Government Advocate

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to consider the petitioner's representation dated 17.07.2020 requesting the second respondent to rectify the mistake committed in the measurement in the patta issued to the petitioner in respect of the House Plot No.29 comprised in Survey No.441/1Z9 and 441/2H1 measuring an extent of 2400 sq.feet i.e, equivalent 222.96 sq.meter, situated at Thaanthoni Village, Karur Taluk, Karur District within a time frame to be fixed by this Court.

2.According to the petitioner, she is the absolute owner of the aforementioned property. In Patta No.2405 issued for the aforementioned property in her name, the measurement has been wrongly mentioned. The petitioner has given a representation to the 1/3

respondents dated 17.07.2020 to rectify the mistake. Since the said representation has not been considered till date, the petitioner has filed this writ petition.

3.Heard Mr.K.Anna, learned Counsel for the writ petitioner and Mrs.S.Jeyapriya, learned Government Advocate who accepts notice on behalf of the respondents.

4.No prejudice would be caused to the respondents if the representation of the petitioner dated 17.07.2020 is considered on merits and in accordance with law after affording a fair hearing to the petitioner.

5.The petitioner has produced documents in support of her claim that the measurement mentioned in the patta is incorrect and it has to be rectified. It is for the respondents to look into the representation given by the petitioner on merits and in accordance with law.

6.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation dated 17.07.2020 seeking for rectification of the measurement details in Patta No.2405 issued in his favour in respect of Survey No.441/1Z9 and 441/2H1 measuring an extent of 2400 sq.feet i.e, equivalent 222.96 sq.meter, situated at Thaanthoni Village, Karur Taluk, Karur District within a period of twelve [12] weeks from the date of receipt of a copy of this order after affording a fair hearing to the petitioner.

7.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar(AD-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MR NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Karur, Karur District.

3. The Special Tahsildar, (Natham Land Scheme), Karur, Karur District.

+1 CC to M/s.SPL.GP ( SR-10955[F] dated 09/03/2022 ) ORDER MADE IN 08.03.2022 na(CO) TR(21.03.2022) 3P 5C 3/3