R.Mathiayan v. The District Collector
In the High Court of Judicature at Madras Dated : 22.11.2024 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.34352 of 2024 R.Mathiayan
...Petitioner
Vs 1.The District Collector, Collectorate Office, Dharmapuri District.
2.The District Revenue Officer, Dharmapuri District.
3.The Revenue Divisional Officer, Dharmapuri Taluk, Dharmapuri District.
4.Govindaraj 5.Manickavel 6.Durai
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing respondents 1 to 3 to consider the petitioner's representation dated 01.9.2023. For Petitioner :
Mr.V.Sakkarapani For R1 to R3 :
Mr.A.Selvendran, SGP 1/4
ORDER
The petitioner seeks a Mandamus to respondents 1 to 3 to consider his representation dated 01.9.2023 for the removal of the names of respondents 4 to 6 included in the UDR patta and to transfer the patta in the name of the petitioner.
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for respondents 1 to 3.
3. Though the said representation was given on 01.9.2023, no order has been passed upon the same to date.
4. The petitioner's contention is that the properties in S.No.186 measuring an extent of 50 cents in Virupatchipuram Village, S.No.213 measuring an extent of 18 cents in Ungaranahalli Village and 1/6th share in the well together with 5HP motor pump set in S.No.189/1 were acquired by him by way of a partition deed dated 17.10.1979 vide doc.No.1962 of 1979. He has been in possession and enjoyment of the said properties since then. However, in the UDR patta, the names of respondents 4 to 6, who are none other than the brothers of the petitioner, have been reflected. Hence, the petitioner made a representation dated 01.9.2023 to the second respondent. Based on 2/4
that, the first respondent, by proceedings dated 08.9.2023, forwarded the said representation to the third respondent for taking necessary action. However, no orders have been passed on the same by the third respondent. Hence the writ petition.
5. The petitioner's limited request in this writ petition is for the disposal of his representation dated 01.9.2023, which the third respondent has not disposed of to date.
6. Since the third respondent failed to discharge his statutory duty, the writ petition is allowed and a Mandamus is issued to the third respondent to consider the petitioner's representation dated 01.9.2023 after issuing notice to the petitioner and other interested parties, afford an opportunity of personal hearing and thereafter pass a speaking order. This exercise shall be completed within a period of two months from the date of receipt of a copy of this order. No costs. 22.11.2024 RS 3/4
P.T.ASHA,J RS To 1.The District Collector, Collectorate Office, Dharmapuri District.
2.The District Revenue Officer, Dharmapuri District.
3.The Revenue Divisional Officer, Dharmapuri Taluk, Dharmapuri District.
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