R.Suganya v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.No.34106 of 2023 1.R.Suganya 2.R.Kowsalya ... Petitioners versus 1.The District Revenue Officer, Thiruvannamalai, Thiruvannamalai District.

2.The Tahsildhar, Kilpennathur Taluk Office, Kilpennathur, Tiruvannamalai District.

3.M.Sundar Rajan .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus directing the first respondent to consider and dispose the appeal dated 12.06.2023 made by 1st and 2nd petitioners within a stipulated time fixed by this Court.

Pg.Nos.1/5

For Petitioners :

Mr.P.Veeraraghavan For Respondents :

Mr.R.P.Murugan Raja Government Advocate for R1 and R2

O R D E R

Mr.R.P.Murugan Raja, learned Government Advocate accepts notice for respondents 1 and 2. Since no adverse order is being passed as against 3rd respondent, notice to 3rd respondent is dispensed with.

2. The petitioners seek for issuance of a Mandamus directing the first respondent to consider the representation filed by them on 12.06.2023, wherein and whereby, they sought for rectification of defect in UDR Patta in respect of the subject property measuring to an extent of (Hectres : Ares) 0.38.00, comprised in S.No.498/B2, Kilpennathur Village. Since the said representation has not been considered till date, the present Writ Petition has been filed.

3. The learned Government Advocate appearing for the respondents 1 and 2 submitted that, the first respondents may be directed to consider the representation of the petitioners on merits and in accordance with law. Pg.Nos.2/5

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioners, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the representation of the petitioners dated 12.06.2023 and pass appropriate orders on merits and in accordance with law, after giving notice to the petitioners as well as third respondent and interested parties/rival claimants, within a period of two months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs.

6. W.M.P.No.34106 of 2023 is ordered on payment of separate Court fees by each of the petitioners.

12.12.2023 Index: Yes/No Speaking Order/Non-Speaking Order ms Pg.Nos.3/5

To 1.The District Revenue Officer, Thiruvannamalai, Thiruvannamalai District.

2.The Tahsildhar, Kilpennathur Taluk Office, Kilpennathur, Tiruvannamalai District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 12.12.2023 Pg.Nos.5/5