K.Chandrasekaran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.10.2020

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH WP.No.14878 of 2020 & WMP.No.18466 of 2020 K. Chandrasekaran

...Petitioner

Vs.

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Attur, Salem District.

3. The Tahsildar, Gangavalli Taluk, Salem District.

4. The Sub Registrar, Gangavalli Sub Registrar Office, Salem District.

5. Anjalai ..Respondents Prayer: Writ Petition filed under Section 226 of Constitution of India praying for issuance of Writ of Mandamus to direct the 1st to 3rd respondents to delete the wrong entry comprising in S.No.405/11, vide patta No.1257 and in S.No.397/1 vide patta No.1249, which was wrongly entered in the UDR Scheme and consequently direct the 3rd respondent to issue the patta in the name of the petitioner and his brothers based on the petitioner's representation dated 22.07.2020 For Petitioner : Mr.N. Rajendiran For Respondents : Mr.Annai Ezhil, Govt. Advocate for R1 to R3 Mr.T.M.Pappiah, Spl. Govt. Pleader for R4

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the respondents to delete the wrong entry made in the revenue records at the time of the UDR Scheme by considering the representation made by the petitioner on 22.7.2020.

https://hcservices.ecourts.gov.in/hcservices/

2.Mr. Annai Ezhil, learned Govt. Advocate appears on behalf of respondents 1 to 3 and Mr.T.M. Pappiah, learned Special Govt. Pleader appears for the 4th respondent.

3. Mr.Annai Ezhil, learned Govt. Advocate appearing on behalf of the respondents 1 to 3 submitted that the 3rd respondent has already called the parties for an enquiry on 29.10.2020 at 11 a.m. The learned counsel submitted that the petitioner can be present at the time of enquiry along with all relevant necessary documents. The learned counsel further submitted that the 3rd respondent, on completion of enquriy, will send the report before the competent authority for passing further orders.

4. Taking into consideration the facts and circumstances of the case and also of the fact that the 3rd respondent has already called the petitioner for enquriy, there shall be a direction to the 3rd respondent to provide sufficient opportunity to the petitioner and the 5th respondent and pass necessary orders strictly in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The 3rd respondent shall thereafter place the report before the concerned District Revenue Officer to enable the authority to pass necessary orders.

5. This Writ Petition is disposed of with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The District Collector, Salem District, Salem.

2. The Revenue Divisional Officer, Attur, Salem District.

3. The Tahsildar, Gangavalli Taluk, Salem District.

4. The Sub-Registrar, Gangavalli, Sub Registrar Office, Salem District.

+1cc to Mr.M.Rajendiran, Advocate in SR.NO..34473 WP.No.14878 of 2020 & WMP.No.18466 of 2020 UM(CO) RV(27/11/2020) https://hcservices.ecourts.gov.in/hcservices/