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Madras High CourtWP/2103/2022disposed of

G.Vasudevan v. The District Collector,

2022-02-11Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.02.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. No.2103 of 2022 G.Vasudevan .. Petitioner

Versus

1. The District Collector, Ranipet District, At Ranipet.

2. The District Revenue Officer, Ranipet District, At Ranipet.

3. The Revenue Divisional Officer, Arakkonam, Ranipet District.

4. The Tahsildar, Nemili, Ranipet District.

5. Thiru. Kuppusamy Mudaliar.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1 to 4 respondents to consider the petitioner's representation dated 28/02/2017 and there by direct the 1 to 4 respondents to transfer the patta in the name of petitioner in respect of the properties in Survey No.329 /2, Panniyur Village, Nemili Taluk, Ranipet District to an extent of 0.67.5 Hectares or acres 1.62 cents based on the 3rd respondent proceedings in Na.Ka.B2 /526 / 2020 dated 21/10/2020 within a stipulated period of time. For Petitioner :

Mr. R.Gopalakrishnan For Respondents 1 to 4 :

Mr.G.Nanmaran ` Special Government Pleader

ORDER

The present writ petition has been filed to direct the 1 to 4 respondents to consider the petitioner's representation dated 28/02/2017 and there by direct the 1 to 4 respondents to transfer the patta in the name of petitioner in respect of the properties in Survey No.329 /2 Panniyur Village, Nemili Taluk,

Ranipet District to an extent of 0.67.5 Hectares or acres 1.62 cents based on the 3rd respondent proceedings in Na.Ka.B2 /526 / 2020 dated 21/10/2020 within a stipulated period of time. 2.The case of the petitioner is that the property in Survey No.329/2, Panniyur Village, Nemili Taluk, Ranipet District to an extent of acres 5.85 cents originally belongs to one Thiru.Ammavasai @ Chinna Perumal who is the grandfather of the petitioner. After the demise of Thiru.Ammavasai his children orally partitioned the property. Based on the Partition the land extend of 0.67.5 Ares or Acres 1.62 cents was allotted to the petitioner's father Thiru.Gopal and the petitioner are the absolute owner of the property.

It is the further case of the petitioner that the Government introducing the UDR Scheme and at the time of introducing the scheme, the 5th respondent name was wrongly included in the Revenue Records and it was mistakenly done by the Revenue Officials. Therefore, the petitioner approached the Revenue Authority to rectify the mistake made in the Revenue records. To that effect, the petitioner gave several representations to the respondents 1 to 4, but till date the same was not considered by the respondents. Therefore, the petitioner has filed the present writ petition before this Court seeking the above said prayer.

3. The learned counsel for the petitioner submitted that this Court may issue a direction to the respondents to consider the petitioner's representation dated 29.12.2021 within the stipulated time as fixed by this Court.

4. The learned Government Advocate submitted that the representation of the petitioner will be considered and appropriate orders will be passed within the time stipulated by this Court.

5. Considering the facts and circumstances of the case and the submission made on either side, this court, directs the respondents to consider the representation of the petitioner dated 28.02.2017 and pass appropriate orders on merits and in accordance with law, after hearing the necessary parties, within a period of twenty four weeks from the date of receipt of a copy of this order.

6. With the aforesaid directions, this Writ Petition stands disposed of. No costs.

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

nti/rli To

1. The District Collector, Ranipet District, At Ranipet.

2. The District Revenue Officer, Ranipet District, At Ranipet.

3. The Revenue Divisional Officer, Arakkonam, Ranipet District.

4. The Tahsildar, Nemili, Ranipet District.

+1cc to Mr.B.Gopalakrishnan, Advocate, S.R.No.9269 +1cc to the Government Pleader, S.R.No.9543 W.P. No.2103 of 2022 NRL(CO) SB(02/03/2022)