K.Ravi v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Ravi ... Petitioner Vs.
1. The District Collector, Ariyalur District, Ariyalur.
2. The District Revenue Officer, Ariyalur, Ariyalur District.
3. The Land Administration Officer, Office of the Commissioner of Land Administration, Chepauk, Chennai - 600 005.
4. The Tahsildar, Udaiyarpalayam Taluk, Ariyalur District - 621 804.
5. Shri Navaneetha Krishnaswamy Bajanai Maddam, "Kavarai Naidu Maha Sabha"
Represented by its Founder and Managing Trustee, E.Chakravarthy, S/o.Ethiraj (late), W-906, Syndicate Bank Colony, Anna Nagar West, Chennai - 600 104.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, to call for the records of the impugned letter dated 30.09.2024 passed by the third respondent and quash the same and consequently direct the third respondent to allow the appeal dated 04.08.2024 submitted with the third respondent. For Petitioner :
Mr.K.P.P.Raja Raja Chozhan For Respondents :
Mr.P.Sathish Addl. Govt. Pleader for R1 to R4
O R D E R
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to the fifth respondent is dispensed with.
2. The present writ petition is filed challenging the impugned letter dated 12.09.2024 whereby the petitioner's request for cancellation of patta in respect of property comprised in Survey No.19/5 which presently stands in the name of the fifth respondent was rejected on the premise that the third respondent is not the Competent Authority to rectify the defects arising during UDR in terms of G.O.(Ms)N.385, Revenue (Gen-3) Department, dated 17.08.2004. The petitioner originally approached the District Revenue Officer for rectification of UDR patta. However, vide order dated 15.04.2019, the District Revenue Officer would find that the appropriate remedy is only before the third respondent, i.e., Commissioner of Land Administration. The Commissioner of Land Administration in turn would now state that he does not have the jurisdiction.
3. Learned Additional Government Pleader appearing for the official respondents submitted that in terms of G.O.(Ms)No.385, the power to rectify the errors in UDR patta is vested only with the District Revenue
Officer and would submit that the petitioner may submit an application for rectification before the District Revenue Officer and the same would be considered and appropriate orders would be passed in accordance with law.
4. In view of the above submissions, the petitioner is directed to submit application afresh to the second respondent containing relevant documents for rectification of error in UDR within a period of four weeks from today. On such receipt, the second respondent shall pass appropriate orders within a period of four weeks thereafter, after putting the fifth respondent and any other interested parties/stake holders on notice and after affording an opportunity to the petitioner, fifth respondent and any other interested parties/stake holders. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the second respondent to consider the application on its own merits and in accordance with law.
5. Accordingly, this Writ Petition stands disposed of. However, there shall be no orders to costs.
03.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The District Collector, Ariyalur District, Ariyalur.
2. The District Revenue Officer, Ariyalur, Ariyalur District.
3. The Land Administration Officer, Office of the Commissioner of Land Administration, Chepauk, Chennai - 600 005.
4. The Tahsildar, Udaiyarpalayam Taluk, Ariyalur District - 621 804.
5. The Founder and Managing Trustee, Shri Navaneetha Krishnaswamy Bajanai Maddam, "Kavarai Naidu Maha Sabha"
E.Chakravarthy, S/o.Ethiraj (late), W-906, Syndicate Bank Colony, Anna Nagar West, Chennai - 600 104.
MOHAMMED SHAFFIQ, J.
vji 03.06.2025