K.Silambarasan, v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.3.2020

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WRIT PETITION NO.13489 of 2013 K.Silambarasan

...Petitioner

Vs 1.The District Collector, Tiruvannamalai, 2.The Special Tahsildar, Adi Dravidar Welfare, Chengam, Tiruvannamalai District.

3.The Revenue Divisional Officer, Tiruvannamalai.

4.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.

5.R.Sadayan

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the 4th respondent to rectify the mistake by deleting the name of 5th respondent by replacing the legal heirs of original assignee for Plot No.40 in Melkatchirapattu Village, M.G.R.Nagar, Meyyur Post, Thiruvannamalai Taluk and District comprised in S.No.39/1 and New S.No.119/25, H.S-5/84 to an extent of 3 cents out of 2.45 acres of land as per the order of the 1st respondent dated 26.2.2013.

For Petitioner : Mr.S.Arokia Maniraj For Respondents 1 to 4: Mr.K.S.Suresh, GA For Respondent-5 :

Mr.S.Sounthar

ORDER

I have heard the learned counsel for the parties.

2. The petitioner seeks a direction to the fourth respondent to rectify the mistake in the revenue records by deleting the name of the fifth respondent and by replacing the names of the legal heirs of the original assignee.

3. The petitioner claims ownership under the original assignee. Though the petitioner has been directed to be enquired into by the fourth respondent by proceedings of the first respondent dated 26.2.2013, the matter is yet to be finalized.

4. In the considered view of this Court, no useful purpose will be served by directing the fourth respondent to look into the matter because the alleged wrong entry was made while implementing the UDR scheme.

5. Accordingly, the writ petition is disposed of by directing the petitioner to file a petition before the third respondent along with a copy of this order and the documents, which he proposes to rely upon. If such a petition is filed within three weeks from the date of receipt of a copy of this order, the third respondent shall entertain the same, issue notice to the petitioner and the fifth respondent, afford an opportunity of personal hearing and pass a reasoned order on merits and in accordance with law within a period of eight weeks from the date, on which, personal hearing is concluded. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The District Collector, Tiruvannamalai, 2.The Special Tahsildar, Adi Dravidar Welfare, Chengam, 3.The Revenue Divisional Officer, Tiruvannamalai.

4.The Tahsildar, Tiruvannamalai Taluk, +1cc to the Government Pleader Sr.24096 +1cc to Mr.B.Jawahar, Advocate Sr.23782 W.P.No.13489 of 2013 tm[co] srg 16/07/2020