Madras High CourtWP(MD)/9122/2021disposed of

Kavitha v. The District Collector

2021-06-02Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.06.2021

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Kavitha ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Trichy.

3.The Assistant Director, Land Survey cum Records, Collector Office, Trichy.

4.The Revenue Tahsildar, Office of the Revenue Tahsildar, Thuraiyur Revenue Taluk, Trichy District.

5.The Taluk Surveyor, Office of the Taluk Surveyor, Land Survey Department, Thuraiyur, Trichy.

... Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents herein to issue a computerised patta in the petitioner's name in respect of the petitioner's properties comprised in T.S.No.67, Ward A, Block No.5, Thuraiyur, Trichy, by removing the wrong entry of classification of the land as "Sarkar Manai" on the basis of the petitioner's representation dated 18.11.2020, within a stipulated time.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.P.Thillak Kumar, Standing Counsel for Government 1/3

ORDER

Mr.P.Thilak Kumar, learned Standing Counsel for the Government, accepts notice on behalf of the respondents.

2. By consent, the writ petition is taken up for final disposal at the admission stage itself.

3. This writ petition has been filed by the petitioner seeking for issuance of a Writ of Mandamus, directing the respondents herein to issue a computerised patta in the petitioner's name in respect of the petitioner's properties comprised in T.S.No.67, Ward A, Block No.5, Thuraiyur, Trichy, by removing the wrong entry of classification of the land as "Sarkar Manai" on the basis of the petitioner's representation dated 18.11.2020, within a stipulated time.

4. According to the petitioner, she purchased the property comprised in T.S.No.67, measuring an extent of 3709 1⁄4 sq. ft., situated at Ward-A, Block-5, Thuraiyur, Trichy District and the same has been duly registered in the office of the Sub-Registrar, Thuraiyur vide Document No.5689 of 2011, dated 01.06.2011. Subsequently, she purchased an extent of 2434 sq. ft., in the said T.S.No.67 vide Document No.2521 of 2017 dated 10.07.2017 and she has been in peaceful possession and enjoyment of the said properties till date. Subsequently, she came to know that some wrong entries were made in the revenue records in respect of the above said two properties as 'Sarkar Manai'. Thereafter, she approached the respondents requesting to remove the wrong entries and to issue patta in her name. As no action was taken by the respondents, in this regard, she sent a detailed representation to the respondents on 18.11.2020 and the same is said to be still pending without any consideration. Hence, this writ petition.

5. The learned counsel for the petitioner would state that it would be suffice if a direction is given to dispose of the representation of the petitioner.

6. The learned standing counsel for the respondents would state that the representation of the petitioner would be considered within a reasonable time.

7. Considering the submissions of the learned counsel for the petitioner as well as the respondents and in the light of the facts and circumstances of the case, without going into the merits of the case projected by the petitioner either in her representation or in this Writ Petition, the respondents are directed to consider the representation of the petitioner dated 18.11.2020, on merits and in accordance with law and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order 2/3

8. With the above direction, the writ petition is disposed of. No Costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) Note:(i) 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.

To:

1.The District Collector, Office of the District Collector, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Office, Trichy. 3.The Assistant Director, Land Survey cum Records, Collector Office, Trichy.

4.The Revenue Tahsildar, Office of the Revenue Tahsildar, Thuraiyur Revenue Taluk, Trichy District.

5.The Taluk Surveyor, Office of the Taluk Surveyor, Land Survey Department, Thuraiyur, Trichy.

+1 CC to M/s.SPL GP ( SR-18740[F] dated 03/06/2021 ) 02.06.2021 AS(10.06.2021)3P 7C 3/3