R.A.Vijayan(Senior Citizen), v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.15853 of 2022 R.A.Vijayan

...Petitioner

vs.

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The District Revenue Officer, Chengalpattu District, Chengalpattu.

3. The Tahsildar, Madurantakam Taluk, Chengalpattu District - 603 306.

4. Kuppusamy ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd and 3rd respondents to rectify the mistake committed in the UDR Scheme and issue Patta to an extent of 1.10 acres comprised in Survey Nos.124, 125 and 126 of Poragal Village, Madurantagam Taluk, then Kancheepuram District now Chengalpattu District based on the representation of the petitioner dated 13.08.2018 followed by another representation dated 18.09.2018.

For Petitioner : Mr.Ravichandran Sundaresan For respondents : Mr.Akila Rajendran Government Advocate

ORDER

This writ petition has been filed seeking for issuance of a Writ of Mandamus to direct the 2nd and 3rd respondents to rectify the mistake committed in the UDR Scheme and issue Patta of an extent of 1.10 acres comprised in Survey Nos.124, 125 and

126 of Poragal Village, Madurantagam Taluk, Chengalpattu District by considering the petitioner's representations dated 13.08.2018 and 18.09.2018.

2. Since no adverse order has been passed against the private respondent notice to the private respondent is dispensed with.

3. The case of the petitioner is that his maternal grandmother one Pattammal, is the owner of the property admeasuring 2.20 Acres comprised in S.Nos.124, 125 and 126 in Poragal Village, Madurantakam Taluk, Chengalpattu District. After her demise, her legal heirs ie., the petitioner's mother (Seethammal) and her sister (Chindamani), partitioned the said land, by way of oral partition into two equal halves. While that being so, out of 2.20 cents 1.31 cents was wrongly entered in UDR Scheme in favour of one Ponnusamy i.e., husband of said Chinthamani and the 4th respondent issued a joint patta for 0.84 cents in favour of said Seethammal, petitioner and others. While so, the petitioner made a representations before respondents 1 to 3 dated 13.08.2018 and 18.09.2018 respectively seeking issuance of patta in favour of the petitioner for 1.10 acres and also to rectify the mistake committed in the UDR Scheme. Since, the same was not considered by the respondents 1 to 3 favourably, the petitioner has filed the present Writ Petition seeking the aforesaid relief.

4. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the respondents to consider the petitioner's representations dated 13.08.2018 and 18.09.2018 and pass orders on merits within a particular time frame to be fixed by this Court.

5. The learned Government Advocate appearing for respondents 1 to 3 has no objection for said order being passed.

6. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

7. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the 2nd and 3rd respondents to consider the said representations of the petitioner dated 13.08.2018 and 18.09.2018 and pass appropriate orders, on merits and in accordance with law after affording an opportunity of hearing to the petitioner as well as private respondent, within a period of

twelve weeks from the date of receipt of a copy of this order.

8. With the above observations and direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) // True Copy // Sub Assistant Registrar RAP To

1. The District Collector, Chengalpattu District, Chengalpattu.

2. The District Revenue Officer, Chengalpattu District, Chengalpattu.

3. The Tahsildar, Madurantakam Taluk, Chengalpattu District - 603 306.

+1cc to Mr.Ravichandran Sundaresan, Advocate SR.No.39207 W.P.No.15853 of 2022 PL(CO) CB(19/07/2022)