S.Vijaya Kumar v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Vijaya Kumar ... Petitioner Vs.
1.The District Revenue Officer, Dharmapuri District.
2.The Revenue Divisional Officer, Dharmapuri.
3.The Thasildhar, Karimangalam Taluk, Dharmapuri District.
4.Vasantha ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus, to direct the second respondent to dispose of the representation dated 13.05.2025.
For Petitioner :
Mr.M.Ravi For Respondents :
Mr.S.Jayachandran Government Advocate for R1 to R3
O R D E R
The present writ petition has been filed seeking issuance of a writ of mandamus directing second respondent to dispose of petitioner's representation dated 13.05.2025 to cancel the patta which stands in the name of fourth respondent and to issue patta to an extent of 20.3 cents out of 1.22 Acre in the name of the legal heirs of petitioner's father.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. Since no adverse order is going to be passed, notice to fourth respondent is dispensed with.
3. Learned counsel for the petitioner submits that Survey No.149/2 measuring an extent of 1.22 acres belongs to petitioner's family. In 'A' Register, prior to UDR scheme, the name of petitioner's forefathers,
namely, the legal heirs of his grandfather Munusamy Kounder was mentioned as owners of the property. However after UDR survey in 'A' Register, Survey No.149/2 measuring an extent of 1.22 acres and Survey No.149/3 measuring an extent of 1.22 acres have been joined together and patta was issued in the name of fourth respondent. Hence, petitioner submitted a representation to the respondents to cancel the patta in the name of fourth respondent since the property which originally belonged to petitioner's grandfather measuring an extent of 1.22 acres was included in the said patta and to issue a patta in the name of the legal heirs of petitioner's grand father/father for the land measuring an extent of 20.3 cents and the same since was not considered. Hence, the present writ petition has been filed.
4. Learned Government Advocate appearing for respondents 1 to 3 would submit that except for some assertion in the affidavit, there is nothing to show that the petitioner has any right in the portion of the land in respect of the subject property. In any view, he would submit that petitioner
may submit relevant documents in support of his claim of ownership / title in respect of the portion of the land comprised in Survey No.149/2, and same would be considered.
5. In view thereof, petitioner is directed to furnish relevant documents to establish his title / ownership over the subject property for rectification of alleged error in UDR to the concerned respondent within a period of two weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. On such receipt, the concerned respondent shall pass appropriate orders within a period of twelve weeks thereafter, after putting petitioner, fourth respondent and other interested parties including rival claimants, if any, on notice. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.
6. Accordingly, this Writ Petition stands disposed of. However, there shall be no order as to costs.
10.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To 1.The District Revenue Officer, Dharmapuri District.
2.The Revenue Divisional Officer, Dharmapuri.
3.The Thasildhar, Karimangalam Taluk, Dharmapuri District.
MOHAMMED SHAFFIQ, J.
vji 10.07.2025