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Madras High CourtWP/16576/2021disposed of

Munusamy v. The District Collector

2021-08-09Honourable Mr Justice C.V. Karthikeyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2021

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No. 16576 of 2021 Munusamy

...Petitioner

Vs 1.The District Collector, Kanchipuram District, Kanchipuram.

2.The District Revenue Officer, Kanchipuram District, Kanchipuram.

3. Masilamani

4. Venkatesan

...Respondents

Prayer: Writ Petition is filed under Article 226 of Constitution of India for writ of Mandamus, directing the 2nd Respondent herein to consider the Petitioners representation dated 08.07.2019 sent for rectifying the defects occurred during UDR Scheme in respect of the lands measuring 450 Square meters in Grama Nathan S. F. No. 99/2A and 99/2B situate at Kulathangarai Street Nerkundram Village Uthiramerur Taluk Kanchipuram District in accordance with law and within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.Yogesh Kannadasan, GA -R1&R2

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking a direction against the 2nd respondent /District Revenue Officer to consider the representation of the petitioner dated 08.07.2019, which representation has been given seeking rectification of alleged defects which had occurred during UDR scheme with respect to the lands measuring 450 square meters in Grama Natham, S.F.No. 99/2A and 99/2B situated at Kulathangarai Street, Nerkundram Village, Uthiramerur Taluk, Kanchipuram District.

2. The said lands which are punja lands, are claimed by the petitioner to be ancestral in nature. The petitioner traces his title to his grand father, thereafter his father had resided in the said lands and it is claimed that the father had constructed a house and the said house was also assessed to property tax and electricity connection had also been given. The petitioner has sought for patta in his name. At that time the petitioner found that the patta had been granted to the father of the 3rd respondent and to the grand father of the 4th respondent. The 3rd and 4th respondents are neighbours of the petitioner. The petitioner disclaims any relation with the said respondents. It is in this connection, to correct the alleged wrong entry in the UDR patta, the petitioner had given a representation on 08.07.2019.

3. It would only be appropriate that the petitioner gives a fresh copy of the representation enclosing the earlier representation dated 08.07.2019 to the 2nd respondent/District Revenue Officer, Kanchipuram and on receipt of the same, an obligation is placed to the District Revenue Officer, Kanchipuram to issue notice not only to the petitioner but also, particularly to the 3rd and 4th respondents, hear all the parties, examine the records thereafter pass considered orders. The said order has to be passed within a period of twelve weeks from the date of receipt of a fresh representation enclosing the earlier representation dated 08.07.2019 already issued by the petitioner. The petitioner is also requested to cause fresh representation within a period of three weeks from this date.

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

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ak To

1. The District Collector, Kanchipuram District, Kanchipuram.

2. The District Revenue Officer, Kanchipuram District, Kanchipuram.

+1 CC to Mr.K.Govi Ganesan, Advocate, Sr.No. 39248. +1 CC to The Government Pleader, Sr.No. 39763. W.P.No. 16576 of 2021 PCH(CO) LS(14/09/2021)