R.Chandrakesavan v. The District Revenue Officer
In the High Court of Judicature at Madras Dated : 09.1.2025 Coram :
The Honourable Ms.Justice P.T.ASHA Writ Petition No.358 of 2025 R.Chandrakesavan
...Petitioner
Vs 1.The District Revenue Officer, Collectorate, Tiruvallur.
2.The Tahsildar, Avadi, Tiruvallur District.
...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to dispose of the representation dated 15.5.2024 within a time frame fixed by this Court.
For Petitioner :
Mr.R.Mohanaraja For Respondents :
Mr.A.Selvendran, SGP
ORDER
Seeking a direction to the first respondent to consider his representation dated 15.5.2024, the petitioner is before this Court. 1/4
2. Heard the learned counsel for the petitioner and the learned Special Government Pleader accepting notice for the respondents.
3. The case of the petitioner is that a large extent of properties comprised in survey No.101, Morai Village, Avadi Taluk, Tiruvallur District originally belonged to his grandfather. Out of the said properties, pursuant to the partition koorchit dated 29.12.1965, the petitioner's father was allotted 75 cents. Since then, the petitioner's father was in uninterrupted possession and enjoyment of the properties allotted to him. In addition to those properties, the petitioner's father purchased 25 cents in survey No.101/7 and 4 cents in survey No.101/9 vide sale deed dated 29.9.1972 registered as doc.No.2377 of 1972 on the file of the Sub-Registrar, Poonamallee.
4. While so, after the coming into force of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, patta was granted to the petitioner's father only respect of 17 cents in S.No.101/23 and 20 cents in S.No.101/25. It was so recorded in the settlement register that was prepared. After the demise of his father, the petitioner, who is the sole legal heir, inherited the said properties. Pursuant to the introduction of the Updating Registry Scheme, without proper verification, certain subdivisions including S.Nos.101/23 and 2/4
101/25 were clubbed into S.No.101/7 with a larger extent of 1 acre and classified as anaadheenam lands.
5. Despite erroneous classification, the petitioner has been in continuous possession and enjoyment of the said properties. The Government of Tamil Nadu also issued G.O.Ms.No.385 dated 17.8.2004 empowering the concerned District Revenue Officer to rectify the errors and omissions, which occurred during the UDR Scheme. Hence, the petitioner made a representation dated 15.5.2024 to the first respondent seeking to rectify the error, reclassify the lands owned by him and issue patta in respect of 37 cents in his name. As it did not evoke any response, the petitioner has come forward with this writ petition.
6. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the said representation of the petitioner dated 15.5.2024 on merits and pass appropriate orders in accordance with law within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
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P.T.ASHA,J RS To 1.The District Revenue Officer, Collectorate, Tiruvallur.
2.The Tahsildar, Avadi, Tiruvallur District.
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