D.Tamilarasi, v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.02.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN D.Tamilarasi ... Petitioner versus 1.The District Revenue Officer, Office of District Collector, Dharmapuri District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Dharmapuri District.
3.The Thasildar, Dharmapuri District.
4.The Firka Surveyor, Dharmapuri District.
5.Sivalingam ... Respondents Page No.1/6
Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing respondents 1 to 4 to rectify the mistake in extent with regard old Survey No. 294, New Survey No. 294A as 2Acres 60 cents in the UDR patta No. 595 wrongly issued in favour of the th respondent by disposing of the petitioner's representation dated 11.10.2023 within the time stipulated by this Court. For Petitioner :
Mr.A.Sakthivel For Respondents :
Mr.T.Arunkumar Additional Government Pleader for R1 to R4
O R D E R
Mr.T.Arunkumar, learned Additional Government Pleader accepts notice for respondents 1 to 4. Since this writ petition is being disposed of without passing any adverse orders against the fifth respondent, affecting his interest, notice to the fifth respondent is dispensed with. Page No.2/6
2. The petitioner has given a representation to the respondents on 11.10.2023, seeking to cancel the UDR Patta No.595, which was wrongly issued in the name of the fifth respondent's father Madhayan in respect of the property in Old S.No.294, New S.No.294A, measuring an extent of 2 Acre 60 cents. Since there was no response from the respondents till date, the present writ petition has been filed.
3. This Court, at this stage, is not expressing any view on the merits of the matter, as it is for the respondents to consider and decide the same on merits and in accordance with law. Since this Writ Petition is only for a mandamus simplicitor to consider the representation, this Court directs the respondents to consider the representation of the petitioner, dated 11.10.2023 and pass appropriate orders on merits and in accordance with law, after giving due opportunity of hearing to the petitioner, the fifth respondent herein as well as the rival claimants / interested parties/objectors/ adjacent Page No.3/6
owners, as the case may be. Such exercise shall be completed within the stipulated time as stated in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.
4. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
16.02.2024 Index: Yes/No Speaking Order : Yes/No ms Page No.4/6
To 1.The District Revenue Officer, Office of District Collector, Dharmapuri District.
2.The Revenue Divisional Officer, Revenue Divisional Office, Dharmapuri District.
3.The Thasildar, Dharmapuri District.
4.The Firka Surveyor, Dharmapuri District.
Page No.5/6
P.VELMURUGAN, J.
ms 16.02.2024 Page No.6/6