G.Muthuvel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.11.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI G.Muthuvel . . . Petitioner Vs.

1. The District Collector, Villupuram District, Villupuram

2. The District Revenue Officer, Kakkampettai, Tindivanam, Villupuram District.

3. The Tahsildar, Marakkanam Taluk, Viluppuam District. . . . Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus or any other appropriate Writ or order or direction in the nature of writ to directing the 2nd & 3rd respondents herein to consider the petitioner's representation dated 02.11.2022 and to carry out the necessary correction of the petitioner property in the old survey No.589/6 B and 589/6 C in New Survey Numbers.69/4, 69/5 and 69/12 and 1/6

consequently to direct survey of the petitioner in same situated at Tana Nagar, Koonimedu Village, Marakkanam Taluk, Villupuram with accordance to the original records maintained by 3rd Respondent based on the petitioner's representation dated 02.11.2022 within the stipulated time as may be fixed by this Court.

For Petitioner : M/s.N.Desinghu For Respondents : Mr.U.Baranidharan, Additional Government Pleader

ORDER

The present petition has been filed seeking a direction to the respondents 2 & 3 to consider the petitioner's representation dated 02.11.2022 seeking necessary correction pertaining to the survey number of the subject property in Survey Nos. 69/4, 69/5 and 69/12 in UDR Register and direct the 3rd respondent to enter the Survey number in accordance with the original records which is being maintained by the 3rd respondent, based on the petitioner's representation dated 02.11.2022 within the time that may be stipulated by this Court.

2. Mr. U.Baranidharan, learned Additional Government Pleader takes notice for respondents.

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3. It is the case of the petitioner that the subject property was allotted to the petitioner's father under UDR Scheme and he is in possession of the same from the date of allotment. Due to some discrepancy existed with regard to actual measurements in the patta, the petitioner made a representation dated 02.11.2022 before the 1st respondent, seeking to rectify the said error. However, till date, no action has been taken on the said representation. Hence, the present petition has been filed.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that, it would suffice, if this Court issues a direction to the 1st respondent to dispose of the representation made by the petitioner in terms of G.O.(Ms).No.385 dated 17.08.2004, within the time that may be stipulated by this Court.

5. On the above contentions, this Court heard the learned Additional Government Pleader appearing for the respondents who has no objection to the said order being passed.

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6. Though the Revenue Divisional Officer is the competent authority to rectify the errors made in the Patta, however, inadvertently, the petitioner has made a representation to the 1st respondent/District Collector. That being the case, this Court without going into the merits of the case, directs the petitioner to make a fresh representation to the 2nd respondent/District Revenue Officer within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the 2nd respondent is directed to consider the same in terms of G.O.(Ms).No.385 and pass appropriate orders in accordance with law, after affording an opportunity of personal hearing to the aggrieved persons if any, within a period of twelve weeks thereafter.

7. Accordingly, this Writ Petition is disposed with the aforesaid direction. No Costs.

25.11.2022 NHS Index : Yes / No Internet : Yes / No 4/6

To

1. The District Collector, Villupuram District, Villupuram

2. The District Revenue Officer, Kakkampettai, Tindivanam, Villupuram District.

3. The Tahsildar, Marakkanam Taluk, Viluppuam District.

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M.DHANDAPANI, J.

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