Suguna. K v. The District Collector
W.P.(MD).No.6509 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2022
CORAM
THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.6509 of 2022 K.Suguna ... Petitioner Vs.
1.The District Collector, Theni Collector Office, Theni.
2.The Tahsildar, Collector Office, Theni.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to take suitable action to correct the entry regarding the extent in the fifth column of the Patta No.8592 of Veerapandi Village, Theni District maintained in the website of the Government from 1.100 to 1.01.00 (hectares) with respect to S.No.1477/7B1 and consequently issue a corrected patta and carry out the changes in all connected revenue documents including the FMB sketch within a stipulated time.
For Petitioner : Mr.H.Lakshmi Shankar For Respondents : Mr.D.Sasikumar, Additional Government Pleader.
ORDER
This Writ Petition has been filed for a Mandamus seeking for a direction to the second respondent to rectify the mistake in Patta No.8592 regarding the extent based on the petitioner's representation dated 01.07.2021 within a time frame to be fixed by this Court.
2. According to the petitioner, as per the aforesaid patta, she is in possession and enjoyment of the property as the absolute owner. According to her in the fifth column of Patta No.8592, the extent has been wrongly mentioned. According to her, the correct measurement is 1.01.00 hectares, whereas, it has been wrongly mentioned as 1.100 hectares. She has submitted a representation on 01.07.2021 to the respondents calling upon them to rectify the mistake. Since the said representation has not been considered till date, she has filed this Writ Petition.
3. Heard Mr.H.Lakshmi Shankar, learned counsel for the petitioner and Mr.D.Sasikumar, learned Additional Government Pleader, who accepts notice on behalf of the respondents. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD).No.6509 of 2022
4. No prejudice would be caused to the respondents, if the petitioner's representation seeking for rectification of the patta is considered on merits and in accordance with law, after affording a fair hearing to the petitioner.
5. The petitioner has filed the copy of the sale deed and other documents to substantiate her claim that in Patta No.8592, the extent of the land has been wrongly mentioned.
6. For the foregoing reasons, this Court directs the second respondent (The Tahsildar, Taluk Office, Theni) to consider the petitioner's representation dated 01.07.2021 seeking for rectification of the error with regard to the extent in the fifth column in Patta No.8592 for the property at Veerapandi Village, Theni District comprised in Survey No.1477/7B1 and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner including granting her the right of personal hearing, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.
Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The District Collector, Theni Collector Office, Theni.
2.The Tahsildar, Collector Office, Theni.
+1 CC to M/s.H. LAKSHMI SHANKAR, Advocate ( SR-17700[F] dated 11/04/2022 ) +1 CC to M/s.SPL.GP ( SR-17950[F] dated 11/04/2022 ) W.P.(MD).No.6509 of 2022 08.04.2022 SRR(CO) KB(20.04.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2