HEMA ANANDHAN Vs. DISTRICT COLLECTOR KANCHEEPURAM

JUDGEMENT

(1.) The petitioner, who is the owner of Plot Nos.49 and 50 comprised in Survey No.26/2 and 26 measuring an extent of 4950 and 7000 sq.ft. respectively in Karunkuzhipallam Village, Thiruporur Taluk, having purchased the same by virtue of sale deeds dated 12.04.2007, 04.01.2008 and 02.09.2009, seeks to quash the orders of the first respondent refusing to grant patta.

(2.) The petitioner applied for grant of patta on 29.09.2012 and 01.12.2014 to the second respondent, for which, the second respondent had sent a communication dated 04.12.2014 stating that the land comprised in Survey No.26/2 is classified as Anatheenam land and that the patta could not be granted. The petitioner again sent a representation on 08.12.2014 contending that survey No.26/2 has wrongly been classified as Anatheenam land and the same is a patta land of her predecessors-in-title who were also issued with patta in respect of the Plot No.49. Hence, the petitioner had requested the first respondent to carry out the necessary changes in the land register and consequently grant patta to her. An enquiry was conducted on 22.01.2015, wherein, the petitioner submitted all the documents pertaining to the property in Plot No.49 comprised in Survey No.17/6 and 26/2 in Karunkuzhipallam village. As there was no response, W.P.No.31367 of 2015 was filed for a Mandamus to consider her representation for a grant of patta. The said petition was disposed of on 06.10.2015 and thereafter, an enquiry was conducted.

(3.) It is stated that the predecessor of the petitioner had purchased 56 cents of lands, which includes the above mentioned property, from one K.L.Ramachandran in the year 1966 and he was given patta in the year 1978. The UDR Survey No.26/2 is now mistakenly entered as Anatheenam, which relates to the survey number of the Plot No.49 of the petitioner. The predecessor-in-title Mr.K.L.Ramachandran in the year 1998 was again issued patta No.247, which is reflected till date in the revenue records, for Survey No.17/6 to an extent of 11 cents. The verification of FMB records shows that survey No.17/6 and 26/2 are adjoining lands. As stated above, prior to the issuance of patta No.247 in favour of the said Ramachandran, there was a patta issued in his favour in Patta No.115. Upon the request made by the petitioner, the Commissioner of Land Administration, who is the third respondent in W.P.No.33261 of 2016, directed for an enquiry by the District Revenue Officer, Kancheepuram.