T.N.G. Anna Manohar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.03.2021

CORAM

THE HONOURABLE Mr. JUSTICE S.S.SUNDAR W.P. No. 13703 of 2018 T.N.G.Anna Manohar .. Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram.

2. The District Revenue Officer, District Collector Office, Villupuram.

3. The Tahsildar, Thirukovilur & Taluk, Villupuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus directing the second respondent to dispose the appeal filed by the petitioner before the second respondent in Reference Na.Ka.No.3/7073/2017 on merits and in accordance with law in respect of Survey no.166/6 measuring an extent of 8 cents in Sirumadurai Village, Thirukovilur Taluk, Villupuram District.

For Petitioner : Mr. R.Jeevitha For Respondents : Mrs. A.Madhumathi Special Government Pleader

O R D E R

This writ petition is filed for issuing a writ of mandamus to direct the second respondent to dispose of the appeal filed by the petitioner in reference Na.Ka.No.3/7073/2017 on merits in accordance with law in respect of Survey no.166/6 measuring an extent of 8 cents in Sirumadurai Village, Thirukovilur Taluk, Villupuram District.

2. The petitioner has submitted that the names of some third parties were included in revenue records during UDR scheme and that therefore, the petitioner has submitted an appeal before

the second respondent to correct the errors during UDR. The request of the petitioner is to delete the names of one Krishnasamy and Gopalasundaram from revenue records in respect of the land to which the petitioner seeks to cancel the patta which was standing in the names of the father of Gopalasundaram and Krishnasamy. Though the petitioner seeks modification of revenue records involving deletion of names of individuals, the petitioner has not impleaded the respective parties in the proceedings.

3. Learned Special Government Pleader, on instructions, submitted that the District Revenue Officer has disposed of the representation / appeal filed by the petitioner by a speaking order on 29.06.2018. However, the petitioner's counsel is unable to verify whether the order was already passed by the second respondent.

4. Considering the position that the learned Special Government Pleader is unable to confirm whether the order was communicated to the petitioner, this Court directs the second respondent to serve a copy of order dated 29.06.2018, passed by the second respondent to the petitioner within a period of two weeks from the date of receipt of a copy of this order. It is open to the petitioner to challenge the order of the second respondent if it is against the petitioner or to approach the Civil Court for appropriate relief.

5. Accordingly, this writ petition is closed. No costs. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar bkn To 1.The District Collector, Villupuram District, Villupuram.

2.The District Revenue Officer, District Collector Office, Villupuram.

3. The Tahsildar, Thirukovilur & Taluk, Villupuram District.

+1cc to the Government Pleader, S.R.No.16236 W.P. No. 13703 of 2018 RLD(CO) HS(20/07/2021)