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Madras High CourtWP/4356/2015disposed of

N.Vetriazhagan, v. The Principal Secretary And

2015-02-20Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM WP.No.4356 of 2015 & M.P.No.1 of 2015 N.Vetriazhagan

...Petitioner

vs.

1 The Principal Secretary and Commissioner for Land Administration, Chepauk, Chennai-5.

2 The Principal Secretary and Commissioner for Revenue Administration Chepauk Chennai-5.

3 The Commissioner of Survey and Land Records, Chepauk Chennai-5.

4 The District Revenue Officer, Collectorate, Thanjavur District.

5 The Revenue Divisional Officer Thanjavur District.

6 The Thasildar Thiruvaiyaru, Thanjavur District.

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus, directing the respondents 1 to 3 to dispose the representation of the petitioner dated 22.10.2012 which was received and acknowledged by the 1st to 3rd respondents on 08.11.2012 and rectify the defect in the patta granted in favour of the petitioner on quoting wrong Survey No.79/4 instead of 78/7, wrong measurement of 0.08.50 Ars instead of 0.10.0 Ars and wrong name mentioned as Velliazhagan instead of N.Vetriazhagan.

For Petitioner :

Mr.V.Subbarayan For Respondents : Mr.S.Gunasekaran Government Advocate

ORDER

The prayer in the writ petition is for the issuance of a writ of mandamus to direct the respondents to dispose of the representation of the petitioner dated 22.10.2012, which was received and acknowledged by the respondents 1 to 3 respondents on 08.11.2012 for rectification of the defect in the patta granted in favour of the petitioner.

2. Heard both sides.

3. It is seen that pursuant to the representation given by the petitioner, for rectifying the mistake in the patta granted to him, the District Revenue Officer has sent a communication dated 12.12.2011 to the Tahsilar, Thiruvaiyaru directing him to conduct an enquiry and also to send a report. There is also another communication by the District Revenue Officer dated 11.06.2014 sent to the Revenue Divisional Officer calling for an additional information regarding the matter and the petitioner has enclosed a copy of the same in the typed set of papers. It is further seen that the petitioner has sent another detailed representation dated 12.08.2014 to the fourth and fifth respondents, followed by a reminder to the Hon'ble Minister for Revenue on 01.12.2014 and the same was forwarded by the Ministry to the District Revenue Officer, Thanjavur. However, till date no action has been taken by the respondents. Hence, the present writ petition.

4. It is pointed out by the learned Government Advocate appearing on behalf of the respondents that if any correction has to be made in the UDR records, appropriate orders have to be obtained from the District Collector.

5. In the light of the above facts, there will be a direction to the fourth respondent to collect all the relevant particulars from the concerned officials, thereafter consider the petitioner's representation and pass appropriate orders on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order.

6.The writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar vj2 To 1 The Principal Secretary and Commissioner for Land Administration, Chepauk, Chennai-5.

2 The Principal Secretary and Commissioner for Revenue Administration Chepauk Chennai-5.

3 The Commissioner of Survey and Land Records, Chepauk Chennai-5.

4 The District Revenue Officer, Collectorate, Thanjavur District.

5 The Revenue Divisional Officer Thanjavur District.

6 The Thasildar Thiruvaiyaru, Thanjavur District.

1 CC to Mr.V.Subbarayan, Advocate SR.No. 9571 1 CC to the Government Pleader, SR.No. 9648 WP.No.4356 of 2015 & M.P.No.1 of 2015 KU (CO) PSI (10.03.2015)