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Madras High CourtWP/8670/2022disposed of

V.Sadasivam (Senior Citizen) v. The District Revenue Officer

2022-04-08Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.NO.8670 OF 2022 V.Sadasivam ... Petitioner Vs

1. The District Revenue Officer, Chengalpattu District, Chengalpattu - 603102.

2. The Tahsildar, Thirukazhukundram, Chengalpattu District.

3. S.Susila

4. S.Murugan

5. Jothi Ramalingam

6. S.Narayanan

7. S.Shanmugam ... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to dispose the pending proceeding in O.Mu.No.10178/2021/Aa4 dated 19.08.2021, based on the petitioner's representation dated 05.07.2021 to rectify the error committed by the Revenue Authorities while UDR and made correction in the revenue records of petitioner's land situated at Kanchepuram, Chengalpat District, Thirukazhukundram Taluk, Vittilapuram Village, Patta No.916, in Survey No.403/1F to an extent of 42 cents and issue patta in favour of the petitioner and others within a period fixed by this Hon'ble Court. For Petitioner : Mr.E.Balamurugan For R1 and R2 : Mr.V.Veluchamy Additional Government Pleader

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the first respondent to dispose the pending proceeding in O.Mu.No.10178/2021/Aa4 dated 19.08.2021, based on the petitioner's representation dated 05.07.2021 to rectify the error committed by the Revenue Authorities while UDR and made correction in the revenue records of petitioner's land situated at Kanchepuram, Chengalpat District, Thirukazhukundram Taluk, Vittilapuram Village, Patta No.916, in Survey No.403/1F to an extent of 42 cents and issue patta in favour of the petitioner and others within a period fixed by this Hon'ble Court. 2.

Mr.V.Veluchamy, learned Additional Government Pleader takes notice for the respondents 1 and 2. In view of the limited relief sought for in this petition, on the consent expressed by the Learned counsel appearing for either side, this petition is taken up for final disposal. Since, no adverse order is passed against the respondents 3 to 7, their presence is dispensed with.

3.

The case of the petitioner is that, the petitioner is the absolute owner of the property comprised in S.No.403/1F to an extent of 42 cents situated at Kanchipuram, Chengalpattu District, Thirukazhukundram Taluk, Vittilapuram Village, bearing Patta No.916. While being so, the petitioner came to know that during UDR, the Joint Patta in Patta No.916 which stands in the name of the petitioner's mother has been wrongly cancelled by the Revenue Officials without any proper notice to the petitioner. Therefore, the petitioner made a representation to the first respondent, dated 05.07.2021, to rectify the error committed by the Revenue authorities during UDR and requested to issue patta in favour of the petitioner. However, till date no order has been passed on the same. Hence, this present petition is filed.

4.

Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the first respondent to consider the petitioner's representation dated 05.07.2021 and pass appropriate orders within a particular time frame fixed by this Court.

5.

The learned Additional Government Pleader has no objection for said order being passed.

6.

In view of the aforesaid submissions, the first respondent is directed to consider the representation of the petitioner dated 05.07.2021 and after affording an opportunity

of hearing to the petitioner, pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

7.

With the above direction, this writ petition is disposed of. No order as to costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar mn To 1.

The District Revenue Officer, Chengalpattu District, Chengalpattu - 603 102.

2.

The Tahsildar, Thirukazhukundram, Chengalpattu District.

+2ccs to M/s.E.Balamurugan, Advocate, S.R.No.24202 +1cc to the Government Pleader, S.R.No.25096 W.P.No.8670 of 2022 PL(CO) RLP(26/04/2022)