Advocates:
['m/s r bharath kumar', '', 'V AYYAPPARAJA', 'S VENKATESH', 'T VEDI']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.10.2021

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

W.P. No.22366 of 2018

P.N.Usha

... Petitioner

-Vs-

1.The District Revenue Officer,

Krishnagiri,

Krishnagiri District.

2.The Sub Collector,

Hosur,

Krishnagiri District.

3.The Tahsildar,

Hosur Taluk Office,

Hosur,

Krishnagiri District.

... Respondents

Prayer :- Writ Petition filed under Article 226 of the

Constitution of India praying for the issuance of a Writ of

Certiorarified Mandamus, to call for the records of the first

respondent issued in Pa.Mu.1982/2018/J-2 dated 16.07.2018, quash

the same and consequently direct the first respondent to rectify

the errors crept in, in the Revenue Records in respect of land

to an extent of 0.52.50 hectare comprised in Survey No.268/2 of

Gopanapalli Village, Mathigiri Firka, Hosur Taluk, Krishnagiri

District and issue computerized patta and Chitta to the

petitioner within the time to be sitpulated by this Court.

For Petitioner

:

Mr.R.Bharath Kumar

For Respondents

:

Mr.M.R.Gokul Krishnan

Government Advocate.

https://hcservices.ecourts.gov.in/hcservices/

ORDER

This Writ Petition has been filed to call for the

records of the first respondent issued in Pa.Mu.1982/2018/J-2

dated 16.07.2018, quash the same and consequently direct the

first respondent to rectify the errors crept in, in the Revenue

Records in respect of the land to an extent of 0.52.50 hectare

comprised in Survey No.268/2 of Gopanapalli Village, Mathigiri

Firka, Hosur Taluk, Krishnagiri District and issue computerized

patta and Chitta to the petitioner within the time.

2.

The case of the petitioner is that the land comprised

in survey No.268/2 to an extent of 0.52.50 hectare (1.30 acres)

situated at Gopanapalli Village, Mathigiri Firka, Hosur Taluk,

Krishnagiri District, owned by one Chinnapittamma @ Sarojamma,

W/o. Late Muniyappa, who acquired title by an assignment issued

by the Special Tahsildar (Assignment) Hosur, Krishnagiri, vide

proceedings dated 12.05.1994. Subsequently, she settled the said

property in favour of her sons viz., Ramamoorthy & Lakshmipathy,

by the Gift Deed dated 06.03.1998 vide document No.378 of 1998.

Thereafter, the petitioner purchased the said land from the said

Ramamoorthy & Lakshmipathy by the registered sale deed dated

30.04.2014 vide document No.2666 of 2014 at the office of the

Sub Registrar, Kelamangalam. From the date of the purchase, the

petitioner is in possession and enjoyment of the same and the

entire revenue records were mutated in her favour and she also

issued patta No.771 by the third respondent herein.

3.

Further the petitioner came to understand that the

said land was wrongly shown as “0” patta and she was informed

that the said land is classified as Government Poromboke land.

Admittedly, her vendors issued patta and the third respondent

viz., the Tahsildar subsequently ordered for transfer of patta.

Therefore, the petitioner made representation dated 02.03.2015

to rectify the errors crept in, in the revenue records and issue

patta. However, the respondents did not consider the same as

such, the petitioner was constrained to file a Writ Petition in

W.P.No.5434 of 2018, and this Court by an order dated

12.03.2018, directed the first respondent to consider the

petitioner's representation and pass orders in accordance with

law. However, the first respondent rejected the petitioner's

claim by the impugned order in this Writ Petition.

4.

The first respondent filed counter and stated that the

subject land has been classified as Mechal Tarai in the

Government records and it denotes the land intended for grassing

the cattles in the village. From the time immemorial, the said

land has been recorded as Mechal Tarai and during the Updating

the Registry scheme the said land has been correctly classified

as Mechal Tarai in the government records. The D