Jeya.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Jeya ... Petitioner Vs.

1.The District Collector, District Collector Office, Dindigul District.

2.The Special District Revenue Officer, (Land Acquisition), National Highway NH (07 & 209), Dindigul.

3.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.

4.The Special Tahsildar, (Land Acquisition), National Highway (NH 07 & 209), Dindigul, 5.The Tahsildar, Dindigul West Taluk, Dindigul.

6.The Surveyor, Sivagangai Village, West Taluk, Dindigul.

... Respondents No.1 to 6 P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent Nos.3 and 4 to take necessary steps and make necessary correction in the petitioner's patta number 2824 to obtain compensation from the fourth respondent based on the petitioner's representation dated 02.10.2021 within the stipulated time fixed by this Court. For Petitioner : Ms.M.Viji For Respondents : Mr.M.Lingadurai Special Government Pleader

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the respondents 3 and 4 to take necessary steps and make necessary corrections to the petitioner's patta bearing patta No.2824 to enable the petitioner to claim compensation from the 4th 1/3

respondent, based on the petitioner's representation, dated 02.10.2021, within a time frame to be fixed by this Court. 2.Heard Ms.M.Viji, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

3.According to the petitioner, in patta No.2824, which was issued in her favour, the extent of the property has been wrongly mentioned. According to the petitioner, the subject land was already acquired by the Government for public purpose. It is contended by the petitioner that she is unable to get compensation for the entire extent of land. Since there is a discrepancy in the measurement found in the patta No.2824, she has sought for correction of the same by giving a representation on 02.10.2021. Since her representation has not been considered till date, she has filed this writ petition.

4.The petitioner has filed documents in support of her contention that she is the owner of a larger extent of land, though lesser extent is mentioned in patta No.2824, issued in her favour. The petitioner has given a representation on 02.10.2021, seeking for correction of her patta. It is for the respondents to consider the same on merits and in accordance with law, based on the documents produced by the petitioner.

5.No prejudice will be caused to the respondents, if the petitioner's representation is considered on merits and in accordance with law, after affording a fair hearing to the petitioner, including granting her the right of personal hearing. 6.For the foregoing reasons, this Court directs the 5th respondent to consider the petitioner's representation, dated 02.10.2021, seeking for correction of patta issued in her favour in patta No.2824 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 weeks from the date of receipt of a copy of this order. 7.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) TM 2/3

To 1.The District Collector, District Collector Office, Dindigul District.

2.The Special District Revenue Officer, (Land Acquisition), National Highway NH (07 & 209), Dindigul.

3.The Revenue Divisional Officer, Revenue Divisional Office, Dindigul.

4.The Special Tahsildar, (Land Acquisition), National Highway (NH 07 & 209), Dindigul, 5.The Tahsildar, Dindigul West Taluk, Dindigul.

6.The Surveyor, Sivagangai Village, West Taluk, Dindigul.

+1 CC to M/s.M.VIJI, Advocate ( SR-20942[F] dated 25/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21194[F] dated 26/04/2022 ) 25.04.2022 srr(CO) GC(16.05.2022) 3P 9C 3/3