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2022 DIGILAW 716 (MAD)

Jerald Antony v. District Collector, Nagercoil

2022-03-21

ABDUL QUDDHOSE

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the 2nd respondent to rectify the mistake in the patta with regard to the property of the petitioner situated in Sy.No.58/13B of Thingal Nagar village by correcting the extent as 11.359 cents (4.56 ares) instead of 3.50 ares by considering the petitioner's representation dated 25.01.2022.) 1. This writ petition has been filed for a Mandamus, seeking for a direction to the second respondent to rectify the mistake in the patta with regard to the property owned by the petitioner situated in Sy.No.58/13B of Thingal Nagar village by correcting the extent as 11.359 cents (4.56 ares) instead of 3.50 ares by considering the petitioner's representation dated 25.01.2022, within a time frame to be fixed by this Court. 2. It is the case of the petitioner that he purchased the aforementioned property under a sale deed dated 05.03.2003. According to him, he noticed only recently a discrepancy in the patta regarding measurement. In the patta issued in his favour, the extent of his land was mentioned as 3.50 ares instead of 11.359 cents (4.56 ares). In such circumstances, he has given representations to the Assistant Director of Survey and the second respondent on 07.01.2022 and on 25.01.2022 respectively requesting them to correct the error. Since the said representations have not been considered till date, he has filed this writ petition. 3. Heard Mr.A.Balakrishnan, learned Senior Counsel appearing for the petitioner and Mr.B.Saravanan, learned Additional Government Pleader, who accepts notice on behalf of the respondents. 4. No prejudice would be caused to the official respondents, if the representation of the petitioner seeking for rectification of the alleged mistake in the patta with regard to the extent of land owned by the petitioner is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the respondents deem fit to enquire. 5. The petitioner has filed a copy of the sale deed dated 05.03.2003 standing in his name, which discloses that he purchased the aforementioned property to the extent of 11.359 cents (4.56 ares). But, however, in the patta, there is a discrepancy with regard to the measurement. The petitioner has also given representations seeking for correction of the aforesaid mistake. 5. The petitioner has filed a copy of the sale deed dated 05.03.2003 standing in his name, which discloses that he purchased the aforementioned property to the extent of 11.359 cents (4.56 ares). But, however, in the patta, there is a discrepancy with regard to the measurement. The petitioner has also given representations seeking for correction of the aforesaid mistake. Admittedly, the said representations have not been considered till date. 6. For the foregoing reasons, this Court directs the second respondent to consider the representation of the petitioner dated 25.01.2022 requesting the second respondent to rectify the mistake in his patta with regard to the property owned by the petitioner situated in Sy.No.58/13B of Thingal Nagar village by correcting the extent as 11.359 cents (4.56 ares) instead of 3.50 ares and pass final orders, on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the second respondent deems fit to enquire, within a period of twelve [12] weeks from the date of receipt of a copy of this order. 7. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.