Mallamma v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2021

CORAM

THE HONOURABLE MR.JUSTICE V. BHARATHIDASAN W.P. No. 10956 of 2021 Mallamma ... Petitioner Vs

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

2. Basavaraj

3. Ramakrishnan

4. Pathiappa

5. Rajappa ... Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders in the representation dated 20.11.2018 and taken on file as Ref.No.27646/2018 sent by the petitioner to rectify the mistakes occurred during the UDR scheme in respect of the lands in S.F.No.71/1 and 71/2 situates at Sennapalli Village, Soolagiri taluk, Krishnagiri District in accordance with law within a stipulated period. For petitioner ...

Mr. K. Govi Ganesan For respondents ...

Mr. Manigopi Govt. Advocate

ORDER

This writ petition has been filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 20.11.2018 and rectify the mistakes occurred during the UDR Scheme in respect of the lands in S.F.No.71/1 and 71/2 situate at Sennapalli Village, Soolagiri taluk, Krishnagiri District in accordance with law.

2. According to the petitioner, originally, the property in respect of 1.74 acres of land in S.F.No.71/1 at Sennapalli Village, Soolagiri taluk, Krishnagiri District, belongs to the paternal grandfather Nanjappa. Subsequently, in an oral partition, the petitioner's husband was allotted to an extent of 1.68 acres, out of which, they have alienated 0.40 cents and 0.26 cents, another 0.15 cents was acquired for road purposes, now the petitioner is entitled to an extent of balance 0.87 cents. While so, during the UDR scheme, the extent was wrongly shown as 0.33 cents instead of 0.87 cents in S.F.No.71/2B in the revenue records. There are discrepancies in the extent shown to the legal heirs of late Nangappa in respect of the lands in S.F.No.71/2 and a joint patta has to be issued in respect of an extent of 1.74 acres in S.F.No.71/1. Hence, the petitioner made an application before the first respondent on 20.11.2018 to rectify the defects occurred during the UDR scheme. But, so far no action has been taken on the same. Hence, the present writ petition has been filed.

3. In view of the nature of the order, that is going to be passed in the writ petition, which no way would prejudice the interest of the respondents 2 to 4 , notice to the respondents 2 to 4 is dispensed with.

4. Today, when the matter is taken up for hearing, the learned Government Advocate, appearing for the first respondent would submit that enquiry is fixed on 07.05.2021 at 3.00 p.m., and the petitioner may be directed to appear before the first respondent for enquiry.

5. Considering the facts and circumstances of the case and the fact that enquiry is commenced, without going into the merits of the case, the first respondent is directed to proceed with the enquiry, complete the same and pass suitable orders on merits and in accordance with law after giving opportunity to the petitioner as well as the respondents 2 to 5, within a period of eight (8) weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar mrp

To The District Revenue Officer, Krishnagiri District, Krishnagiri.

+1cc to Mr.K. Govi Ganesan, Advocate SR.No.27075 +1cc to Government Pleader SR.No.27033 W.P. No. 10956 of 2021 SVI(CO) GMY(13/07/2021)