IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27.08.2008 C O R A M THE HONOURABLE Mr.JUSTICE P.JYOTHIMANI W.P.No.17483 of 2009 Smt.S.Radha Gopalan .. Petitioner -Vs- 1.The Tahsildar, Mambalam, Guindy Taluk, Chennai-78. 2.The Commissioner, Corporation of Chennai, Ripon Buildings, Chennai -3. .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the 1st respondent herein to forthwith rectify the arithmetical mistake in calculating the area of the plots and house numbers 7 & *, Bharathi Nagar, 1st Street, 1st Lane, North Usman Road, T.Nagar and to issue the patta setting out the correct areas of the said plots as 3750.62 and 3658.75 sq.ft. respectively. For Petitioner : Mr.P.Ramakirshna Reddy for Mr.S.Sathiaseelan For RR 1 : Mr.V.Arun Additional Govt. Pleader For RR 2 : Mr.V.Bharathidasan ORDER
Heard Mr.P.Ramakrishna Reddy, learned counsel for the petitioner.
2.Mr.V.Arun, learned Additional Government Pleader takes notice for the first respondent and Mr.V.Bharathidasan, learned Standing Counsel takes notice for the second respondent.
3.The writ petitioner is the owner of the two adjacent premises bearing Door Nos.7 and 8 situated at Bharathi Nagar, First Street, First Lane, Off North Usman Road, T.Nagar and previously Door Nos.13 and 14 and thus the said two plots are situated at dead end of the Bharathi Nagar. The measurements of the length and breadth of the above said two plots starting from the approved layout and set out in all the sale deeds have been correctly given. Even in the revenue records including the pattas, the said measurements are correctly given. However, while calculating the area of both the plots, certain mistake has crept in, in that the length of the plots on South and North, South being less than the North on account of splay had been added up and the average of the lengths after such addition of the North and South lengths of the plots had been taken for the purpose of calculating the area of the plots. This method of calculation of area cannot be accepted as correct and proper and the same is against the arithmetical calculations. On account of this miscalculation, the area of the plot at Door No.8 has been shown as 3200 sq. ft. as against the actual area on correct calculation of 3658.75 sq. ft. Similarly, in respect of the plot at Door No.7 the area has been shown as 3407 sq. ft. as against the actual area on correct calculations of 3750.62 sq. ft. and therefore, the petitioner is losing nearly 801.37 sq. ft. which is substantial reduction in the area committed by the first respondent in calculating the total area. The grievance of the petitioner is that when the petitioner has applied for the sanction of plan for the second respondent Corporation because of the discrepancy of the actual extent the Corporation could not process the application.
4.In such view of the matter, the present writ petition has been filed for a direction as against the first respondent to forthwith rectify the arithmetical mistake in calculating the area of the plots and house numbers 7 and 8, Bharathi Nagar, 1st Street, 1st Lane, North Usman Road, T. Nagar and issue patta setting out the correct areas of the said plots as 3750.62 and 3658.75 sq. ft. respectively.
5.The learned counsel for the first respondent would fairly submit that the first respondent Tahsildar would visit the spot and measure the actual extent and give the actual calculation, if sufficient time is given.
6.In such view of the matter, the Writ Petition is disposed of with a direction to the first respondent Tahsildar to make actual measurement as it exists in respect of the plots bearing Door Nos.7 and 8 and issue patta based on the same in accordance with law and such process shall be completed with a period of one week from the date of receipt of a copy of this order. No costs.
sgl
To
1.The Tahsildar,
Mambalam, Guindy Taluk,
Chennai-78.
2.The Commissioner,
Corporation of Chennai,
Ripon Buildings,
Chennai -3
