Ponniyin Selvi.M v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2021
CORAM
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY M.Ponniyin Selvi ... Petitioner Vs.
1.The District Revenue Officer, District Collector Office Campus, Trichy District.
2.The Revenue Divisional Officer, The Revenue Divisional Office, Trichy Sub Division, Trichy District.
3.The Tahsildar, Trichy West Taluk Office, Trichy District.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents herein to issue individual patta in the petitioner's name by correcting wrong entry in the Town Survey Land Records in respect of the petitioner's above said survey property comprised in Old Survey No.130/16 New Survey No.128/16-A, as per the UDR Re-survey No.158/16-A and Town Re-survey Ward AL, Block 33, TS.No.63 an extent of 2435 Square Feet covered Patta No.1638, on the basis of the petitioner's online application dated 16.03.2021 registered in No.2021/0154/15/001046 within the time stipulated by this Court.
For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.R.Baskaran, Counsel for State
ORDER
The petitioner seeks rectification of the Town Survey Land Register and a consequential direction for issuance of an individual patta in her name.
2. The petitioner claims title to the property bearing Old Survey No.130/16, New Survey No.128/16-A of an extent of 2970 square feet. Such title is claimed on the basis of two sale deeds bearing Document Nos.1265/2005 and 5658/2007. Thereafter, the 1/3
petitioner states that she verified the Town Survey Land Records and discovered that the name of one Pitchaiammal was wrongly entered therein. Consequently, she requested that the discrepancy in the Town Survey Land Records should be rectified. A representation dated 16.03.2021 was also submitted for the above purpose. The present Writ Petition is filed in view of the failure to take action thereon.
3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all the respondents. He submits that the petitioner's application may be directed to be disposed of on merits after putting any rival claimant on notice.
4. The petitioner has enclosed copies of the sale deeds bearing Document Nos.1265/2005 and 5658/2007 under which she claims title. A copy of the relevant TSLR has been enclosed. In view of the fact that such TSLR reflects the name of Pitchaiammal, the said individual would have to be put on notice before a decision is taken by the Revenue Divisional Officer.
5. Accordingly, without going into the merits of the matter, the second respondent herein is directed to consider the petitioner's application dated 16.03.2021 for correction of the Town Survey Land Records and pass a reasoned order thereon after providing a reasonable opportunity to the petitioner, Pitchaiammal and any other person with an interest in the property in question. Such reasoned order shall be passed within a period of three (3) months from the date of receipt of a copy of this order.
6. W.P.(MD).No.14934 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 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.
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To 1.The District Revenue Officer, District Collector Office Campus, Trichy District.
2.The Revenue Divisional Officer, The Revenue Divisional Office, Trichy Sub Division, Trichy District.
3.The Tahsildar, Trichy West Taluk Office, Trichy District.
+1 CC to M/s.SPL GP (SR-27188[F] dated 25/08/2021) 24.08.2021 PS(CO) SB(02.09.2021) 3P 5C 3/3