Kantharaj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.03.2021 CORAM: JUSTICE N.SESHASAYEE WP.No.8228 of 2021 Kantharaj
...Petitioner
-Vs1.The District Collector, Krishnagiri District, Krishnagiri.
2.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.
3.The Tahsildar, Hosur Taluk, Hosur, Krishnagiri District.
4.Mariasamy Naicker 5.The District Revenue Officer, Krishnagiri District, Krishnagiri.
...Respondents
(R5 impleaded as per the order of this Court dated 31.03.2021 by NSSJ) Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent herein to consider the petitioner's representation dated 07.10.2020 to rectify the mistake occurred during the UDR Scheme in accordance with law. For Petitioner : Mr.S.Sriram For Respondents: Mr.E.Balamurugan, Special Government Pleader for R1 to 3
ORDER
This Writ Petition has been filed by the petitioner seeking a direction to the second respondent herein to consider the petitioner's representation dated 07.10.2020 to rectify the mistake occurred during the UDR Scheme in accordance with law.
2.Mr.E.Balamurugan, learned Special Government Pleader entered appearance for the respondents 1 to 3 and submitted that the competent authority for correcting the UDR is the District Revenue Officer and the representation of the petitioner was also properly forwarded to the DRO, Krishnagiri. However, the District Revenue Officer was not made as a party to the proceedings. He further submitted that an enquiry is scheduled to take place on 25.05.2021 at 03.00 p.m at the office of the District Revenue Officer, Krishnagiri.
3.The said statement of the learned Special Government Pleader is recorded.
4.The learned counsel for the petitioner regretted for the omission but this has been happened due to inadvertence of many counsel. The learned counsel for the petitioner is directed to pay a sum of Rs.1000/- towards cost to the Adyar Cancer Institute, Chennai for his omission and burdening this Court to implead the District Revenue Officer concerned. 5.The District Revenue Officer, Krishnagiri is suo-motu impleaded as the fifth respondent.
6.In view of the above, no further direction is required to be given except that the fifth respondent is directed to issue notice to all the parties who are likely to be affected by his decision, provide them a fair and effective hearing and to dispose of the petitioner's representation dated 07.10.2020 through a speaking order within a period of twelve (12) weeks (after the conclusion of the General Elections of the State Legislative Assembly - 2021) from 25.05.2021. 7.The cost of Rs.1000/- is directed to be paid to the Adyar Cancer Institute, Chennai. The certified copy of the order is directed to be issued only on showing the challan towards payment of costs.
8.The Writ Petition is disposed of accordingly. No costs. s/d- Assistant Registrar True Copy Sub-Assistant Registrar dn
To 1.The District Collector, Krishnagiri District, Krishnagiri.
2.The Revenue Divisional Officer, Krishnagiri District, Krishnagiri.
3.The Tahsildar, Hosur Taluk, Hosur, Krishnagiri District.
4.The District Revenue Officer, Krishnagiri District, Krishnagiri.
Copy to The Officer in charge Adyar Cancer Institute Chennai.
+1 CC to Mr.K. Govi Ganesan, Advocate sr 21315 +1 CC to The Government Pleader sr 21424.
W.P.No.8228 of 2021 PL(CO) SP(20/05/2021)