Periyanna Kounder v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Periyanna Kounder : Petitioner Vs.

1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Namakkal, Namakkal District 2.The Tahsildhar, Office of the Tahsildhar, Rasipuram Taluk, Namakkal District 3.Balasubramanian 4.Perumayee 5.Saraswathy : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing respondents 1 to 2 to take necessary and immediate action towards petitioner's representation dated 04.01.2023. For Petitioner : Mr.Jayan, J.

For Respondents : Mr.P.Sathish, Additional Government Pleader, for respondents 1 and 2 1/6

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.3 to 5 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents 1 to 2 to take necessary and immediate action towards petitioner's representation dated 04.01.2023.

3. It is submitted by the learned counsel for the petitioner that the property comprised in Survey No.104, situated at Sowthapuram Village, Mallasamudhiram Sub Registration District, Namakkal District belongs to the family of the petitioner. In the said property, petitioner was allotted B Schedule, measuring an extent of 3 acres 35 cents vide partition deed dated 12.03.1968 in Document No.560 of 1968. During UDR process, revenue authorities wrongly entered the extent of petitioner's land as 2 acres 72 cents and subdivided as Survey No.104/1. Due to the said error, the petitioner's extent has been added in the adjacent land owners' property. Hence, the petitioner submitted a representation dated 04.01.2023 before 2/6

the first respondent to conduct enquiry and retrieve the petitioner's land from adjacent land owners. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Additional Government Pleader for respondents 1 and 2 that the appropriate authority for UDR correction is the District Revenue Officer (DRO) and the petitioner submitted the above representation before the Revenue Divisional Officer, the first respondent herein.

5. At this juncture, it was submitted by the learned counsel for the petitioner that they may be granted liberty to submit appropriate application before the District Revenue Officer, which was agreed to by the learned Additional Government Pleader for respondents.

6. It was submitted by the learned Additional Government Pleader that if any such application is filed by the petitioner, the same would be considered and appropriate orders would be passed within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner. 3/6

7. In view thereof, it is open to the petitioner to submit an application before the District Revenue Officer. If any such application is filed, the District Revenue Officer shall consider the same on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 3 to 5 and any other interested persons/stake holders, within a period of eight (8) weeks from the date of receipt of such application. 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 case on its own merits and in accordance with law.

8. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

08.07.2025 Speaking (or) Non Speaking Order mrn To 1.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Namakkal, Namakkal District 2.The Tahsildar, 4/6

Office of the Tahsildar, Rasipuram Taluk, Namakkal District 5/6

MOHAMMED SHAFFIQ, J.

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