D.Arjunan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 15864 of 2011 and M.P.No. 1 of 2011 D.Arjunan .. Petitioner Vs 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.

3.V.Dharman 4.V.Arjunan .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the first and second respondents to consider the representation of the petitioner dated 09.09.2010 regarding the cancellation of Patta and retain petitioner's name in the Survey Nos.45/5, 77/8, 77/6, 50/1, 49/2, 81/4 and 81/13 to the total extent of 2.60 Cents of Punja lands of Sammanthanur Village, Tiruvannamalai Taluk & District.

For Petitioner : Mr. M.Kamala Kannan For Respondents 1&2: Mrs. A.Madhumathi Special Government Pleader 3 & 4 : No appearance O R D E R This Writ Petition has been filed for the issuance of Writ of Mandamus directing the first and second respondents to consider the representation of the petitioner dated 09.09.2010, regarding the cancellation of Patta and retain petitioner's name in the Survey Nos.45/5, 77/8, 77/6, 50/1, 49/2, 81/4 and 81/13 to the total extent of 2.60 Cents of Punja lands of Sammanthanur Village, Tiruvannamalai Taluk & District.

2. The case of the petitioner is that the property which belongs to the family of the petitioner's father was later allocated to the petitioner's father. It is the case of the petitioner that taking advantage of the petitioner's absence, the revenue records have been wrongly mutated in the name of respondents 3 and 4, during UDR. It is stated by the petitioner that correction is required pursuant to some alterations made during UDR and such mistakes or error or modification can be done by the District Revenue Officer as per the order passed by the Government. A representation was submitted by the petitioner before the District Collector to correct the entries made during UDR.

3. Considering the circumstances of this case, without expressing any opinion on the merits of the petitioner's representation and the case pleaded before this Court, this Court is inclined to dispose this Writ Petition with a direction to the District Revenue Officer to consider the representation of the petitioner.

4. Accordingly, the first respondent is directed to forward the representation of the petitioner dated 09.09.2010 to the District Revenue Officer within a period of one week from the date of receipt of a copy of this order. The petitioner is also permitted to file independent representation to the District Revenue Officer. Upon representation of the petitioner dated 09.09.2010 or fresh representation that may be submitted by the petitioner pursuant to the direction of this court in this order, the District Revenue Officer shall consider the representation and hold an enquiry after issuing notice to the petitioner and third and fourth respondents or any other person interested and dispose the representation on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of the representation. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

bkn To 1.The District Collector, Tiruvannamalai District, Tiruvannamalai.

2.The Tahsildar, Tiruvannamalai Taluk, Tiruvannamalai District.

+2cc to Mr.M.Kamalakannan, Advocate, Sr.No. 4764 +1 cc to The Government Pleader Sr.No. 4333 W.P. No. 15864 of 2011 MRL(CO) RMP(09/03/2021)