Selvarani v. The District Revenue Officer,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.01.2023 CORAM :
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.34733 of 2022 Selvarani ....
Petitioner -VsThe District Revenue Officer Krishnagiri District Krishnagiri-635 001.
....
Respondent Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent herein to consider the representation of the petitioner dated 31.10.2022 requesting him to rectify the mistake committed during UDR re-survey, restore the original classification / entry measuring 5.79 acres comprised in S.Nos.66/1, 66/2, 66/3 and 66/4, Melumalai Village, Soolagiri Taluk, Krishnagiri District. For Petitioner : Mr.P.Mani For Respondent : Mr.Yogesh Kannadasan Special Government Pleader
O R D E R
The prayer sought for herein is for a Writ of Mandamus directing the respondent herein to consider the representation of the petitioner dated 31.10.2022 requesting him to rectify the mistake committed during UDR re1 / 4
survey, restore the original classification / entry measuring 5.79 acres comprised in S.Nos.66/1, 66/2, 66/3 and 66/4, Melumalai Village, Soolagiri Taluk, Krishnagiri District.
2. In respect of the land to the extent of 5.79 acres comprised in S.Nos.66/1, 66/2, 66/3 and 66/4, Melumalai Village, Soolagiri Taluk, Krishnagiri District, it is the claim of the petitioner that, from the petitioner's father's days it has been entrusted to the petitioner's father or fore-fathers as Thotti Oozhiyam (njhl;o CHpak;) and in all the revenue records between 1940 and 1983 it is stated that the land is entrusted as Thotti Oozhiyam (njhl;o CHpak;) in the name of the petitioner's father or his forefathers and they have been continuously in enjoyment of the property.
3. While that being so, during 1983 UDR survey, the said classification of land has been omitted in the revenue records and it got mentioned as if it belongs to BC Community people and it has been brought to the notice of the petitioner only recently that some third parties wanted to encroach upon the property. Therefore, after verifying the UDR records since the patta has been changed, in order to cancel the same and restore the patta in the name of the petitioner, the petitioner had given a representation on 31.10.2022 to the respondent District Revenue Officer and in order to consider the same and pass 2 / 4
orders on merits, the petitioner has moved the present writ petition.
4. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the respondent.
5. Learned Special Government Pleader would submit that, the representation submitted by the petitioner would be considered by the respondent and decided within a time frame that may be stipulated by this Court.
6. Considering the said submission made by the learned Special Government Pleader and having taken note of the limited scope of the prayer sought for in the writ petition, this Court is inclined to dispose of this writ petition with the following order. No costs.
"That there shall be a direction to the respondent to consider the representation of the petitioner dated 31.10.2022 and pass orders thereon on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."
02.01.2023 Index : Yes/No Speaking Order / Non-speaking order KST 3 / 4
R. SURESH KUMAR, J.
KST To The District Revenue Officer Krishnagiri District Krishnagiri-635 001.
W.P.No. 34733 of 2022 02.01.2023 4 / 4