Arumugam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.02.2021 CORAM : JUSTICE N.SESHASAYEE W.P.No.2632 of 2021 Arumugam ... Petitioner Vs 1.The District Collector Kallakurichi District Kallakurichi.

2.Rayappan 3.Antonysamy 4.Thomas 5.Alphonse 6.The District Revenue Officer Kallakurichi District.

... Respondents [R6 suo moto impleaded vide order of this Court dated 10.02.2021 in WP.No.2632 of 2021] Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the first respondent to consider the representation of the petitioner dated 31.10.2020, by holding enquiry and cancel the patta granted in favour of the respondents 2 to 5 concerned in land situated at Vadakurumbur Village, Ulundurpet Taluk, Kallakurichi District bearing Survey No.110/10 measuring about 31 cents, Survey No.111/3.A, measuring about 26 cents, Survey No.115/2 measuring about 50 cents and Survey No.111/7 measuring about 2 acres 5 cents of the said Village and grant patta to the petitioner's family and they are the legal heirs of 1) Perumal, son of Kuppan and 2) Ayyakannu, son of Kuppan, both are the original pattadars of the said lands to secure the ends of justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents: Mr.E.Balamurugan Special Government Pleader [R1 & R6]

ORDER

The present petition is filed to dispose of the representation of the petitioner dated 31.10.2020, whereunder the petitioner has sought correction of certain errors, affecting his right

vis-a-vis the entries in the Village Permanent Register during the UDR Scheme.

2. Heard the learned counsel for the petitioner. Mr.E.Balamurugan, learned Special Government Pleader takes notice for the first respondent and made a statement that matter is being enquired by the District Revenue Officer, Kallakurichi. He added that the matter is enquired and necessary reports too have been obtained from the office of the Tahsildar. He would further submit on instructions that a personal enquiry is scheduled to take place at 3.00 p.m., on 19.02.2021 at the Office of the District Revenue Officer, Kallakurichi District. The said statement is recorded.

3. Since the District Revenue Officer is not made a party to the proceedings, this Court suo moto impleads the District Revenue Officer, Kallakurichi as the sixth respondent.

Mr.E.Balamurugan, learned Special Government Pleader also enters appearance for the newly impleaded sixth respondent.

4. Inasmuch as the date for enquiry is fixed by the respondents, no direction is required to be given except that the sixth respondent/District Revenue Officer, Kallakurichi is directed to hold an enquiry after issuing notices to all the parties who are likely to be affected by his decision, and after providing the parties a fair and effective hearing and to dispose of the said representation through a speaking order within a period of twelve (12) weeks from the date of receipt of a copy of this order, subject to such time that may be lost in responsibilities connected with the ensuing General Election of the Tamil Nadu State Legislative Assembly, 2021.

4. The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To:

1.The District Collector Kallakurichi District Kallakurichi.

2.The District Revenue Officer Kallakurichi District.

+1cc to Mr.R.Sankarasubbu, Advocate Sr.No.7243 +1cc to Government Pleader Sr.No.7863 W.P.No.2632 of 2021 SMI(CO) NR 21/04/2021