Mohamed Salman Khan.S v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.Mohamed Salman Khan ... Petitioner Vs.

1.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

2.The Surveyor, Periyakulam Taluk, Periyakulam, Theni District.

... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider the representation of the petitioner, dated 31.03.2021 and to rectify the mistake in the extent mentioned in patta No.3695 and to issue a fresh patta with correct extent in hectares within a time frame as fixed by this Court.

For Petitioner : Mr.C.Arulvadivel @ Sekar For Respondents : Mr.M.Lingadurai Government Advocate

ORDER

This writ petition has been filed for the issue of writ of Mandamus directing the respondents to consider the representation made by the petitioner, on 31.03.2021, wherein, the petitioner has requested for rectification of the extent of the property that has been mentioned in the patta issued in favour of the petitioner in patta No.3695.

2.The case of the petitioner is that he along with his brother had purchased the property in survey No.1564/1, measuring an extent of 17 cents by virtue of a registered sale deed, dated 27.03.1997. The further case of the petitioner is that he and his brother also purchased the adjacent land measuring an extent of 11 1⁄2 cents in S.No.1562/2 by virtue of a registered sale deed, dated 06.06.1997.

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3.It is stated that the revenue records were also mutated in the name of the petitioner and his brother and joint patta was issued by subdividing the properties as S.Nos.1564/1B and 1564/2A. While issuing patta in patta No.3695, the extent was properly mentioned. However, when the computer patta was issued by the first respondent, the extent of the property in S.No.1564/2A was wrongly mentioned. Hence, the petitioner made a representation, on 31.03.2021, requesting for the correction of the extent of the property. 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.Arulvadivel, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing 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 first respondent to consider the representation made by the petitioner, on 31.03.2021 and rectify the mistake if any, in patta No.3695 and issue a fresh computer patta in favour of the petitioner and his brother, within a period of four weeks from the date of receipt of a copy of this order. 6.The petitioner is directed to make a fresh representation to the first 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) TM 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. 2/3

To 1.The Tahsildar, Periyakulam Taluk, Periyakulam, Theni District.

2.The Surveyor, Periyakulam Taluk, Periyakulam, Theni District.

+1 CC to M/s.SPL GP ( SR-21048[F] dated 02/07/2021 ) Order made in 01.07.2021 CN(09.07.2021) 3P 4C 3/3