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Madras High CourtWP/16448/2020disposed of

M.Sunga Reddy v. The District Revenue Officer

2020-11-20Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.16448 of 2020 M.Sunga Reddy ... Petitioner Vs 1.The District Revenue Officer, ... Respondents Collectorate, Krishnagiri.

2. The Tahsildar, Taluk Office, Dhenkanikottai Taluk, Krishnagiri District.

Pin.635 107.

Writ petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the second respondent herein to give effect to and implement the proceedings of the first respondent dated 21.05.2009 passed in Mu.Mu/22482/2008/J2 within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.K.Parameswaran Government Advocate

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus directing the second respondent to give effect to the proceedings of the first respondent dated 21.05.2009 within the time limit fixed by this Court.

2. The case of the petitioner is that the subject property situated in SF No.404 was erroneously subdivided during UDR Scheme. The petitioner, therefore, made a representation to the first respondent, who is the competent authority to rectify the error that crept in at the time of conducting the UDR scheme. It is seen from the records that the first respondent, on considering the representation made by the petitioner and after considering the entire records, by proceedings dated 21.05.2009, has cancelled the sub division and has restored the property to its original position and directed it to be maintained as S.F.No.404.

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3. The grievance of the petitioner is that inspite of the proceedings of the first respondent dated 21.05.2009, the second respondent has not taken any steps to issue the joint patta in favour of the petitioner and others with respect to the subject property. Aggrieved by the same, the present writ petition has been filed before this Court.

4. Mr.K.Parameswaran, learned Government Advocate appearing on behalf of the respondents submitted that the second respondent has called the petitioner for an enquiry on 26.11.2020 at 04.00 PM. The learned counsel further submitted that the petitioner can be present at the time of enquiry along with all the relevant documents.

5. Taking into consideration the facts and circumstances of the case and also of the fact that the second respondent has already called the petitioner for an enquiry, there shall be a direction to the second respondent to proceed further and pass final orders in line with the proceedings of the first respondent dated 21.05.2009, within a period of six weeks from the date of receipt of a copy of this order.

6. This Writ Petition is disposed of with the above directions. No costs.

-Sd/- Assistant Registrar (CS) // True Copy // Sub Assistant Registrar rli To 1.The District Revenue Officer, Collectorate, Krishnagiri.

2. The Tahsildar, Taluk Office, Dhenkanikottai Taluk, Krishnagiri District.

Pin.635 107.

+1 C.C. to MR.K.GOVI GANESAN Advocate SR.NO.37464 W.P.No.16448 of 2020 UM (CO) UM (16.12.2020) https://hcservices.ecourts.gov.in/hcservices/