Habib Rahman.A v. The Dist.Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH A.Habib Rahman ... Petitioner Vs.

1.The District Collector, O/o. The District Collector Campus, Dindigul, Dindigul District.

2.The District Revenue Officer, O/o. The District Revenue Office, Dindigul, Dindigul District.

3.The Commissioner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Thasildhar, O/o. The Thasildhar, Kodaikanal Taluk, Kodaikanal, Dindigul District.

5.Muthukrishnan ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 4th respondent to rectify the error crept in the Computer Patta No.8938, regarding the Survey Number entered as 3A1A instead of assigning new Survey Number at Srinivasapuram, Kodaikanal Town, Dindigul District and the total extent as 2.48 Cents with correct location instead of 3 Ares and 17 Sq. meters, by considering the petitioner's representation, dated 22.03.2021, within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar, M/s.Ajmal Associates For Respondent s : Mr.K.P.Narayanakumar, for R1 to R4 Special Government Pleader 1/3

ORDER

This writ petition has been filed for the issuance of Writ of Mandamus, directing the 4th respondent to rectify the error that has crept in the computer patta No.8938 and to change the survey number and the total extent of the property mentioned therein, by considering the representation made by the petitioner, on 22.03.2021.

2.The case of the petitioner is that the subject property was purchased by the petitioner, by virtue of a registered sale deed, dated 24.12.2019. Thereafter, the petitioner applied for patta before the 4th respondent and a patta was also issued in the name of the petitioner in patta No.8938. Subsequently, the petitioner came to understand that a wrong survey number has been entered in the patta and the extent has also not been properly mentioned therein. 3.The petitioner therefore, made a representation to the 4th respondent on 22.03.2021, seeking for the rectification of the error in the patta. Since the same was not acted upon, the present writ petition has been filed before this Court, seeking for appropriate directions.

4.Heard Mr.C.Venkatesh Kumar, learned counsel for the petitioner and Mr.K.P.Narayanakumar, learned Special Government Pleader for the respondents.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the 4th respondent to consider the representation made by the petitioner, on 22.03.2021 and conduct an enquiry after giving opportunity to the petitioner and the 5th respondent. The 4th respondent shall pass appropriate orders, within a period of six weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the 4th respondent along with all relevant documents and also a copy of this order.

7.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

To 1.The District Collector, Dindigul, Dindigul District. 2.The District Revenue Officer, Dindigul, Dindigul District. 3.The Commissioner, Kodaikanal Municipality, Kodaikanal, Dindigul District.

4.The Thasildhar, Kodaikanal Taluk, Kodaikanal, Dindigul District.

+1 CC to M/s.AJMAL ASSOCIATES, Advocate ( SR-17647[F] dated 27/04/2021 ) +1 CC to M/s.SPL GP ( SR-17965[F] dated 28/04/2021) 27.04.2021 AS(09.06.2021)3P 7C 3/3