M.Muthusamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27183 of 2024 M.Muthusamy
...Petitioner
Vs.
1. The District Collector, Dharmapuri District, Dharmapuri - 5.
2. The District Revenue Officer, Dharmapur District, Dharmapur - 5.
3. The Assistant Director, Land Survey, O/o. The District Collector, Dharmapuri - 5, Dharmapuri District.
4. The Tahsildhar, Pennagarm Taluk, Pennagarm - 636 810, Dharmapuri District.
5. The Taluk Surveyor, Pennagarm Taluk, Pennagarm - 636 810.
Dharmapuri District.
6. Mr.Raja ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 4 and 5 to survey and demarcate the boundaries of the petitioner's lands with Mutation of the revenue records in S.No.371/3, to an extent of 89 cents and in S.No.558, to an 1/6
extent of 18 cents, situated at Sunjalnatham Revenue Village, Pennagaram Taluk, Dharmapuri District as per the proceedings of the third respondent dated 19.01.2024 vide in Na.Ka.G8/161/2024 and consequently direct the second respondent to rectify the mistakes occurred during UDR updating with regard to aforesaid lands based on the enquiry proceedings dated 13.12.2023 vide in Na.Ka.21369/2023/Pa2.
For Petitioner : Mr.M.R.Jothimanian For R1 to R5 : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the respondents 4 and 5 to survey and demarcate the boundaries of his lands with Mutation of the revenue records in S.No.371/3, measuring an extent of 89 cents and in S.No.558, measuring an extent of 18 cents, situated at Sunjalnatham Revenue Village, Pennagaram Taluk, Dharmapuri District as per the proceedings of the third respondent dated 19.01.2024 and consequently, direct the second respondent to rectify the mistakes occurred during UDR updating with regard to the above mentioned lands, based on the enquiry proceedings dated 13.12.2023.
2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 5, this writ petition is disposed of at the admission 2/6
stage itself.
3. It is the case of the petitioner that the above mentioned property belongs him and during UDR survey, entry relating to the said property was erroneously made in the revenue records. Therefore, the petitioner submitted a representation to the second respondent on 11.12.2023 seeking correction of entry in the revenue records by deleting the names of the persons who have no connection with the property and the same has not been considered. Subsequently, the third respondent in his proceedings in Na.Ka.G8/161/2024 dated 19.01.2024 directed the fourth respondent to consider the application of the petitioner and take necessary action. Inspite of the same, the fourth respondent has not taken any action. Therefore, the petitioner is before this Court.
4. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 5 would submit that the fourth respondent will consider the representation of the petitioner as per the direction issued by the third respondent vide proceedings in Na.Ka.G8/161/2024 dated 19.01.2024 on its own merits and pass appropriate orders within a time frame to be fixed by this court.
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5. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the fourth respondent to consider the representation of the petitioner dated 11.12.2023 in the light of the direction issued by the third respondent in his proceedings dated 19.01.2024 and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No costs.
20.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The District Collector, Dharmapuri District, Dharmapuri - 5.
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2. The District Revenue Officer, Dharmapur District, Dharmapur - 5.
3. The Assistant Director, Land Survey, O/o. The District Collector, Dharmapuri - 5, Dharmapuri District.
4. The Tahsildhar, Pennagarm Taluk, Pennagarm - 636 810, Dharmapuri District.
5. The Taluk Surveyor, Pennagarm Taluk, Pennagarm - 636 810.
Dharmapuri District.
S. SOUNTHAR, J.
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