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Madras High CourtWP/17634/2025disposed of

R.Jagadeesan v. The District Revenue Officer

2025-06-03Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ R.Jagadeesan Petitioner(s) Vs 1.The District Revenue Officer, Collectorate, Sathuvachari, Vellore District.

2.The Revenue Divisional Officer, Gandhi Nagar, Gudiyatham, Vellore District.

3.The Revenue Tahsildar, Gudiyatham Taluk, Vellore District.

Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd respondent to rectify the anomaly in the mutation in respect of the extent of S.F.No 91/11, Sethuvandai Village, Gudiyatham Taluk, Vellore District by implementing the order dated 07.11.2023 made in Pa.Mu.(A2)85/2022 passed by the 2nd respondent, by considering petitioner's representation dated 05.02.2025. For Petitioner(s) : Mr.N.Manoharan For Respondent(s) : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of Mandamus directing the 3rd respondent to rectify the anomaly in the mutation in respect of the extent of land in S.F.No 91/11, Sethuvandai Village, Gudiyatham Taluk, Vellore District by implementing the order dated 07.11.2023 made in Pa.Mu.(A2)85/2022 passed by the 2nd respondent. That the petitioner's representation dated 05.02.2025 in this regard may be considered.

3. It is the submission of the learned counsel for petitioner that petitioner is the owner of the property bearing Survey No.91/11 measuring about 90 feet in length and 30 feet in breadth, however a portion of the above extent of land was wrongly included in Survey No.91/10. Aggrieved, the petitioner had approached the District Collector, and thereafter approached the Revenue Divisional Officer (RDO). RDO vide impugned order dated 07.11.2023 had directed the Tahsildar to carryout survey with the assistance of Firka Surveyor. Further, if required police protection may also be sought for in the event of any objection to survey or during the course of such survey.

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4. At the outset, Mr.A.Selvendran, learned Special Government Pleader for respondents would submit that they would comply with the above orders of RDO and carryout survey, within the time stipulated by this Court.

5. In view thereof, the writ petition stands disposed of with a direction to the respondents to consider the petitioner's representation dated 05.02.2025 taking into consideration the order of RDO dated 07.11.2023 and pass appropriate orders within a period of 8 weeks from the date of receipt of a copy of this order after affording the petitioner, other interested parties including rival claimants, if any, a reasonable opportunity of hearing. 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 concerned respondent to consider the matter on its own merits and in accordance with law. No costs.

03.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The District Revenue Officer, Collectorate, Sathuvachari, Vellore District.

2.The Revenue Divisional Officer, Gandhi Nagar, Gudiyatham, Vellore District.

3.The Revenue Tahsildar, Gudiyatham Taluk, Vellore District.

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