Babu v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2021

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.NO.14017 OF 2021 Babu ... Petitioner .vs.

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

2. R.V.Sreenivasan

3. M/s Larkspur Properties (Pvt) Ltd, 25/1, Ground Floor, SKIT House, Muslum Road, Bengaluru.

4. Pappamma

5. Krishna Priya Properties (Pvt) Ltd, Plot No.59, V.G.Towers, Near E.B. Office, Rayakottai Road, Hosur - 635 109.

6. Lingappa ... Respondents Prayer:

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st Respondent to consider the petitioner's Representation dated 15.04.2021 sent by the petitioner for rectifying the defects occurred during UDR Scheme in respect of his lands in SF No.376 situate at Maruthandapalli Village, Shoolagiri Taluk, Krishnagiri District, in accordance with law and within a stipulated period.

For Petitioner : Mr.T.Vedi For R1 : Mr.V.Jeevagiridharan Additional Government Pleader For R3 and R5 : Mr.G.M.Anantha Kumar

ORDER

This writ petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 15.04.2021 sent by the petitioner for rectifying the defects occurred during UDR Scheme in respect of his lands in SF No.376 situate at Maruthandapalli Village, Shoolagiri Taluk, Krishnagiri District, in accordance with law and within a stipulated period.

2. The case of the petitioner is that the land comprised in S.F.No.376 ad-measuring 7.56 acres situated at Maruthandapalli Village, Soolagiri Taluk, Krishnagiri District, belong to one Munnabhai and Balaji Singh. Subsequently, vide Sale Deed dated 05.07.1973, the said Munnabhai alienated 2 acres of land out of 7.56 acres to one Ramachandrayya vide registered Document No.2472/1973. The remaining extent of 5.56 acres of land was retained by her. While so, one R.V.Srinivasan, without any right over the property by impersonation has alienated the said property in favour of one Venkatasamy by the Sale Deed dated 19.05.1975 registered vide Document No.2183/1975 to an extent of 3.56 acres. Thereafter, the said Munnabhai and Laskshmana Singh sold the extent of 2.56 acres in favour of one Ramachandrappa by the Sale Deed dated 22.05.

1980 registered vide Document No.2881/1980. The remaining extent of land vested with the petitioner. However, the said land was proposed to acquire by SIPCOT and as such, the petitioner sought for compensation. Therefore, the petitioner submitted a representation dated 15.04.2021 before the 1st respondent, to rectify the mistake and to issue patta in his name. On receipt of the same, the 1st respondent directed the Tahsildar, Shoolagiri Taluk, to file a report. The said proceedings is pending.

3. Considering the above, the 1st respondent is directed to issue notice to the petitioner, the 2nd to 6th respondents herein and counter parties, if any, within a period of two weeks from the date of receipt of a copy of this order and conduct enquiry on the petitioner's representation dated 15.04.2021, after giving opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks, thereafter.

4. With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar dm To The District Revenue Officer, Krishnagiri District, Krishnagiri.

+1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.67184 +1cc to the Government Pleader, S.R.No.67964 W.P.No.14017 of 2021 RLD(CO) PM/19/01/2022