K.S.Anandhan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 06.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.32193 of 2018 K.S.Anandhan .. Petitioner Vs.

1. The District Collector, Thiruvallur District.

2. The District Revenue Officer, Thiruvallur District.

3. The Tahsildar, Ponneri Taluk, Tiruvallur District .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to dispose the pending proceedings in Na.Ka.No.28881/2017/aa3 dated 10.09.2018 to rectify the error committed while UDR and made correction in the revenue records of petitioner's land situated at Thiruvallur District, Periyakaavanam Village, Survey No.130/7, total extent of 0.60.5 ares and issue patta in favour of the petitioner based on the recommendation given by the third respondent vide his proceeding in Na.Ka.2981/2017/aa1 dated 17.04.2018 and issue patta in favour of the petitioner.

For Petitioner : Mr.K.Haridharan For Respondents : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this writ petition seeking a direction to the second respondent to dispose of the proceedings in Na.Ka.No.28881/2017/aa3 dated 10.09.2018 and to rectify the error committed while granting UDR patta and make correction in the revenue records of his land situated at Thiruvallur District, Periyakaavanam Village, bearing Survey No.130/7, measuring a total extent of 0.60.5 ares, based on the recommendation given by the third respondent, vide his proceedings in Na.Ka.2981/2017/aa1 dated 17.04.2018 and issue patta in his favour.

3. According to the learned counsel for the petitioner, at the time of grant of UDR patta, the Revenue Officials had wrongly converted the petitioner's land into "Manavari Anadhinam". In this regard, the petitioner has submitted a representation dated 15.12.2017 to the third respondent seeking to rectify the said error committed and issue fresh patta in his favour. After due enquiry, the third respondent sent a detailed recommendation to the second respondent for issuance of patta in favour of the petitioner, but, the same is yet to be disposed of by the second respondent. Hence, the petitioner is before this Court.

4. Heard Mr.V.Shanmugasundar, learned Special Government Pleader on behalf of the respondents.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the case, directs the second respondent to dispose of the pending proceedings in Na.Ka.No.28881/2017/aa3 dated 10.09.2018 in the light of the recommendation made by the third respondent and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar

Srn To

1. The District Collector, Thiruvallur District.

2. The District Revenue Officer, Thiruvallur District.

3. The Tahsildar, Ponneri Taluk, Tiruvallur District.

+1 cc to The Government Pleader, Sr.No.84482 +1 cc to Mr.K.Haridharan, Advocate Sr.No.84365 W.P.No.32193 of 2018 CSL/14.12.2018