Madras High CourtWP/29301/2022disposed of

N.Gopalakrishnan v. The District Collector

2022-11-07Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2022

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI N.Gopalakrishnan .. Petitioner

Versus

1.The District Collector O/o. the District Collector Coimbatore Coimbatore District 2.The Revenue Divisional Officer O/o. Revenue Divisional Officer Coimbatore District 3.The Tahsildar Annur Taluk Coimbatore District 4.P.Murthy .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to rectify the mistake in the UDR Patta and change our name in the patta in respect of the land situated in Survey No. 90/3 in Sarkarsamakullam Village, Periyanayakkan Palayam, Coimbatore District based on the petitioner representation dated 17.03.2022.

For Petitioner : Mr.G.Mohan For Respondent : Mr.U.Baranidharan for R1 to R3 Additional Government Pleader 1/4

ORDER

This writ petition is filed seeking to direct the 3rd respondent to rectify the mistake in the UDR Patta and change our name in the patta in respect of the land situated in Survey No. 90/3 in Sarkarsamakullam Village, Periyanayakkan Palayam, Coimbatore District based on the petitioner representation dated 17.03.2022.

2. The learned counsel for the petitioner submitted that the petitioner's grandmother owned the subject land and patta stood in her name. However, during the UDR scheme, the patta stands in some other third party. Hence, the petitioner approached the third respondent for mutation of revenue record by way of a representation on 17.03.2022 which is pending without consideration till date. Hence, seeks this Court for issuance of appropriate directions to the official respondents to consider the petitioner representation.

3. Per contra, the learned Additional Government Pleader submitted that the competent authority for rectifying the discrepancies in UDR is the District Revenue Officer in terms of G.O.Ms.No.385, Revenue Department dated 17.08.2004. Therefore, he states that the representation should be submitted to the jurisdictional District Revenue Officer.

4. Considering the facts and circumstances of this case and having regard 2/4

to the submissions of the learned Additional Government Pleader, this Court without going into the merits of this case, permits the petitioner to submit a fresh representation seeking the relief claimed herein. Such representation shall be submitted by enclosing all relevant documents within a period of two weeks from the date of receipt of a copy of this Order. Upon receipt thereof, the District Revenue Officer is directed to consider such representation and pass appropriate order(s) on merits and in accordance with law after providing a reasonable opportunity to the petitioner within a period of twelve weeks from the date of receipt of the fresh representation from the petitioner.

5. Accordingly, this writ petition stands disposed of. No costs. 07.11.2022 dhk Index:Yes/No M. DHANDAPANI, J.

3/4

dhk To 1.The District Collector O/o. the District Collector Coimbatore Coimbatore District 2.The Revenue Divisional Officer O/o. Revenue Divisional Officer Coimbatore District 3.The Tahsildar Annur Taluk Coimbatore District W.P.No.29301 of 2022 07.11.2022 4/4