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Madras High CourtWP/5396/2022disposed of

Arjun v. The District Revenue Officer

2022-03-09Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.5396 of 2022 Arjun

...Petitioner

Vs.

1.The District Revenue Officer, Krishnagiri District, Krishnagiri.

2.Samappa 3.Rajappa 4.K.Muniappa 5.Venkatesan 6.Samayya 7.Lakshmanan 8.Rajendran 9.Muniappa

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent herein to consider the petitioner's representation dated 09.10.2021 sent for rectifying the mistake occurred during UDR Scheme in respect of the petitioner's lands in S.F.Nos.173/2 and 177/1 situate at Guruparapalli Village, Soolagiri Taluk, Krishnagiri District.

For petitioner :

Mr.K.Govi Ganesan For Respondents :

Mr.A.Anandan Government Advocate

ORDER

The petitioner has filed this petition seeking direction to the first respondent herein to consider the petitioner's representation dated 09.10.2021 sent for rectifying the mistake occurred during UDR Scheme in respect of the petitioner's lands in S.F.Nos.173/2 and 177/1 situate at Guruparapalli Village, Soolagiri Taluk, Krishnagiri District.

2. Mr.A.Anandan, learned Government Advocate takes notice for the respondents. In view of the limited relief sought for in

this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.

3. Since, no adverse order is being passed against the private respondents 2 to 9, notice to the private respondents 2 to 9 is dispensed with.

4. The case of the petitioner is that the petitioner is the owner of the property comprised in S.F.No.173/2, measuring an extent of 0.83 cents, situated at Pethaguruparapalli Village, Soolagiri Taluk, Krishnagiri District. While so, during UDR Scheme mistakes had crept in the revenue records and hence, Patta bearing No.176 was granted in favour of Chinnapayyappa. However, taking advantage of that, the legal heirs of Chinnapayyappa alienated the said property to the private respondents 6 to 9 herein, without any right over the said property. Immediately, thereafter the petitioner made a representation dated 09.10.2021 to the first respondent to rectify the mistake which occurred during the UDR Scheme. However, till date no action has been taken by the respondents on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner for the above relief.

5. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the first respondent to consider the petitioner's representation dated 09.10.2021 within the time frame that may be fixed by this Court.

6. The learned Government Advocate appearing for the respondents submits that the petitioner's representation dated 09.10.2021 will be considered by first respondent within the time frame that may be fixed by this Court.

7. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, directs the first respondent to consider the petitioner's representation dated 09.10.2021, and pass appropriate orders within a period of twelve weeks from the date of receipt of a copy of this order, after affording an opportunity to the aggrieved persons.

8. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar tri/skt

To The District Revenue Officer, Krishnagiri District, Krishnagiri.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.16015 +1cc to the Government Pleader, S.R.No.16663 W.P.No.5396 of 2022 GPL(CO) RVM(28/03/2022)