V.Loganathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 15.11.2024

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA V.Loganathan ....

Petitioner Vs 1.The District Collector, 2.The District Revenue Office, Office Of Collectorate, 3.The Revenue Divisional Officer, Revenue Divisional Office, GST Road, Guindy, 4.The Tahsildar Sholinganallur Taluk Office, Sholinganallur, 5.The Village Administrative Office, 1/6

Madipakkam Revenue Village, S.Kolathur, Chennai-600 129.

6.Murali 7.Kumar 8.Selvam 9.Shanmugam 10.Sengeni 11.Padmavathy Ammal ....

Respondents Prayer: Writ Petition is filed under Article 226 to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 13.10.2023.

For Petitioner :

Mr.K.P.Raja Raja Chozhan For R1 to R5 :

Mr.G.Velu Additional Government Pleader

ORDER

The petitioner had made a representation to the second respondent to correct the entry made in the UDR patta, inasmuch as the same had been illegally issued in the names of one Dhanapal Naidu and Babu Naidu. On the strength of the patta, they had also executed settlement deeds in favour of their family members. 2/6

2. The petitioner contention is that the property originally belonged to his great grandfathers, Munusamy Naidu and Govindasamy Naidu. On whose death, the property had devolved by succession to their legalheirs, and now, the petitioner is the owner of the property. On coming to know about the illegal entry, he submitted a representation dated 13.10.2023 to the second respondent seeking correction of the entry. Though a year has lapsed, the application has not been taken up for consideration. Therefore, aggrieved by this inaction, the petitioner is before this Court.

3. Heard the learned counsels on either side and perused the records.

4. As rightly pointed out by the learned counsel for the petitioner though more than a year has lapsed since the representation to the second respondent, the petitioner has not even been called for an 3/6

enquiry. The second respondent, who is the authority constituted to consider the application, has failed to discharge his statutory duty.

5. Therefore, a mandamus is issued to the second respondent to consider the petitioner's representation dated 13.10.2023, after issuing notice to the rival claimants and affording a personal hearing to the parties, and dispose of the same within a period of eight

(8) weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands allowed. No costs.

15.11.2024 Index : Yes/No Internet : Yes/No Lpp To 1.The District Collector, 4/6

2.The District Revenue Office, Office Of Collectorate, 3.The Revenue Divisional Officer, Revenue Divisional Office, GST Road, Guindy, 4.The Tahsildar Sholinganallur Taluk Office, Sholinganallur, 5.The Village Administrative Office, Madipakkam Revenue Village, S.Kolathur, Chennai-600 129.

P.T. ASHA, J, 5/6

Lpp W.P.No. 33457 of 2024 15.11.2024 6/6