Madras High CourtWP/28849/2024disposed of

K.Murugan v. The District Collector

2024-10-03Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.28849 of 2024

1. K Murugan

2. Venkdusamy

...Petitioners

Vs.

1. The District Collector, Salem.

2. The District Revenue Officer, Salem

3. The Revenue Divisional Officer, Sankagiri.

4. The Director of Survey and Settlement PWD Estate, Chepauk, Triplicane - 600 005.

5. The Director, Survey and Land Records, Collectorate building, Salem.

6. The Thasildar, Sankagiri Taluk, Sankagiri.

7. The President, Koneripatti Agrahamram Village, Sankagiri Taluk, Salem District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents to take appropriate action on the representation of the petitioners dated 16.07.2024 and to rectify 1/5

the error in UDR committed without notice or hearing and issue patta to the petitioners for the portions in R.S.Nos.377/3 and 377/1 Koneripatti Agraharam Village, Sankagiri Taluk, Salem District being private passage and cattle sheds forming part of Natham Survey 103/1 erroneously classified as Poromboke. For Petitioners : Mr.T.M.Hariharan For R1 to R6 : Mr.A.Selvendran Special Government Pleader For R7 : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to consider his representation dated 16.07.2024 and to rectify the error in the UDR records in R.S.Nos.377/3 and 377/1 Koneripatti Agraharam Village, Sankagiri Taluk, Salem District.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. It is the case of the petitioner that his paternal grandfather Sengottaiya Gounder acquired an extent of 3532sq.ft. in Survey Number 103/1 in 2/5

Kavanoor, Koneripatti Agraharam Village, Sankagiri Taluk, Salem District under registered sale deed dated 30.11.1979. The said property is in possession and enjoyment of the petitioners and the same was also mentioned in the family partition deed dated 15.09.2011. It is further submitted that for the benefit of the petitioner, there is a common private passage for survey No.103/1 and the same has been wrongly classified as passage and road in the UDR records. Therefore, the petitioner submitted a representation dated 16.07.2024, seeking correction of classification and the same has not been considered till date. Therefore, the petitioners are before this Court.

4. Mr.A.Selvendran, learned Special Government Pleader, who takes notice for the respondents 1 to 6 would submit that the representation of the petitioner would be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the representation filed by the petitioner dated 16.07.2024 and pass final orders, after issuing notice to all interested parties, within a period of 3/5

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.

03.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To