Kaliyammal v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.09.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Kaliyammal .. Petitioner Vs.
1.The District Collector, Collector Office, Tenkasi, Tenkasi District.
2.The District Adidravidar & Tribal Welfare Officer, District Adidravidar & Tribal Welfare Office, Collectorate, Tenkasi, Tenkasi District.
3.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.
4.The Tahsildar, Sivagiri Taluka, Tenkasi District.
5.The Special Tahsildhar, Adi Dravidar Welfare, Taluk Office, Sankarankovil, Tenkasi District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondents 3 and 4 to rectify the error in the revenue records which incorrectly state as name Janaki wife of Seenivasan Instead of Kaliyammal wife of Shanmugam in respect of land in S.No.192/8B1 measuring about 3 cents situated at Ramanathapuram Village, Sivagiri Taluk, Tenkasi District based on the report submitted by the fifth respondent dated 16.05.2024. For Petitioner :
Mr.R.Rajeshkumar For Respondents :
Mr.D.S.Nedunchezhiyan Government Advocate
ORDER
Seeking a mandamus to the respondents for rectifying the error in the revenue records, the petitioner is before this Court.
2. The petitioner would submit that an extent of 3 cents in S.No. 192/8B1 of Ramanathapuram Village, Sivagiri Taluk, Tenkasi District, was given to the petitioner under the Adi Dravidar Welfare Free House
Site Patta Scheme by the fifth respondent in his proceedings in Na.Ka.A. 782/88, dated 13.11.1990. Thereafter, the petitioner has put up a house and is residing in the said premise. However, by mistake, patta has been issued in the name of one Janaki, wife of Seenivasan, who is none other than the petitioner's son. The petitioner would submit that on the date of the issue of patta, the petitioner's son Seenivasan was not even married and it is thereafter, he was married to one Petchiyammal. There was no person called Janaki in their family. Therefore, she had requested the correction of the patta from "Janaki, wife of Seenivasan", to "Kaliyammal, wife of Shanmugam". A detailed representation to this effect has also been made on 19.02.
2024 and on the basis of this representation, the fifth respondent had conducted an enquiry and forwarded a report to the second respondent. The second respondent by his letter dated 15.05.2024 has instructed the petitioner that the fourth respondent was the competent authority to correct the discrepancy and therefore, the petitioner has been approaching the fourth respondent on several occasions.
evict the petitioner from the house built by her. Therefore, she is constrained to file the present writ petition.
3. Here, the contention of the petitioner is that the date on which the patta was issued, her son Seenivasan was not even married and therefore, the entry is nothing but an oversight. Further, the fifth respondent has conducted an enquiry and forwarded his report on the basis of which the second respondent had informed the petitioner that the fourth respondent has been authorisied to correct the discrepancy, which only goes to show that on enquiry, true facts have come to the knowlege of the respondents.
4. Therefore, in the light of the above, a mandamus is issued to respondents 3 and 4 to rectify the error by correcting the name in the patta from "Janaki, wife of Seenivasan" to "Kaliyammal, wife of Shanmugam" on the basis of the report, which has been submitted by the fifth respondent on 16.05.2024 within a period of eight weeks from the date of receipt of a copy of this order.
5. With the above direction, this Writ Petition is allowed. No costs.
05.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Collector Office, Tenkasi, Tenkasi District.
2.The District Adidravidar & Tribal Welfare Officer, District Adidravidar & Tribal Welfare Office, Collectorate, Tenkasi, Tenkasi District.
3.The Revenue Divisional Officer, Sankarankovil, Tenkasi District.
4.The Tahsildar, Sivagiri Taluka, Tenkasi District.
5.The Special Tahsildhar, Adi Dravidar Welfare, Taluk Office, Sankarankovil, Tenkasi District.
P.T.ASHA, J.
abr Dated: 05.09.2024