K.R.Sri Raman v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.01.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and CMP No.14409 of 2023 K.R.Sri Raman .. Appellant -vs1. The District Collector, Office of the District Collector, Cuddalore District, Tamilnadu.

2. The Commissioner of Land Administration, Chepauk, Chennai, Tamilnadu.

3. The Revenue Divisional Officer, Office of the RDO, Chidambaram, Cuddalore District, Tamilnadu.

.. Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent against the order of the learned Single Judge dated 25.11.2021 passed in W.P.No.15302 of 2019.

For the Appellant :

Ms.Abirame For the Respondents :

Mr.P.Muthukumar, State Government Pleader * * * * *

JUDGMENT

(Delivered by the Hon'ble Chief Justice) We have heard Ms.Abirame, learned counsel for the appellant and Mr.P.Muthukumar, learned State Government Pleader, for the respondents.

2. The learned counsel for the appellant contends that the writ petition was filed by the appellant/writ petitioner to direct the respondents to consider the representation given by the petitioner for carrying out the correction of entry of new survey number as 323/1 instead of wrong entry as S.No.303/11. It is submitted that patta was issued to the writ petitioner in respect of S.No.82/1, however, the new survey number was wrongly mentioned as 303/11. The same ought to be 323/1. According to the learned counsel, this discrepancy has not been considered. To buttress her submission, the learned counsel relies upon the information received under Right to Information Act from the Office of the Tahsildar. On a query raised by the writ petitioner, the answer given was that as per the FMB copy of Melbhuvanagiri Village, Bhuvanagiri Taluk, for S.No.323/1, old survey number is 82/1.

3. Considering the dispute involved in the matter, it would only be the revenue authority who would be the proper person to resolve the dispute. In light of that, we pass the following order.

4. The impugned order dated 25.11.2021 is set aside. The revenue authorities shall decide the representation of the petitioner on its own merits and after issuing notice to all interested parties. The writ appeal is, accordingly, disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

(S.V.G., CJ.) (D.B.C., J.) 04.01.2024 Index : Yes/No : Yes/No sra

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) To

1. The District Collector, Office of the District Collector, Cuddalore District, Tamilnadu.

2. The Commissioner of Land Administration, Chepauk, Chennai, Tamilnadu.

3. The Revenue Divisional Officer, Office of the RDO, Chidambaram, Cuddalore District, Tamilnadu.

04.01.2024