Mariyamuthu v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2024
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition(MD)No.691 of 2024 Mariyamuthu ... Petitioner -Vs1.The District Revenue Officer, Collectorate Campus, Karur, 2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, 3.The Tahsildar, Taluk Office, Kulithalai, 4.The Taluk Surveyor, Taluk Office, Kulithalai, ... Respondents 1/6
PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus to direct the Respondents, particularly, the first Respondent to rectify the mistake happened during UDR scheme with regard to the extent of the Petitioner's lands of bearing Survey Nos. 533/4E and 533/4F - Patta No. 5625 and 5626 situated at Gudalur Village, Kulithalai Taluk, Karur District and issue Patta with correct total extent of 4-1/2 cents of the aforesaid the petitioner's lands on the basis of sale deed Doc No. 735/1994 registered at Sub-Registrar Office, Kulithalai, Karur District.
For Petitioner : Mr.R.Murugappan For Respondents : Mr.D.Gandhi Raj Spl. Govt. Pleader
ORDER
This writ petition is filed seeking for issuance of a Writ of Mandamus to direct the first respondent to rectify the mistake happened during UDR scheme with regard to the extent of the Petitioner's lands of bearing Survey Nos. 533/4E and 533/4F - Patta Nos. 5625 and 5626 situated at Gudalur Village, Kulithalai Taluk, Karur District and issue Patta with correct total extent of 4-1/2 cents of the aforesaid the petitioner's lands on the basis of sale deed Doc No. 735/1994 registered at Sub-Registrar Office, Kulithalai, 2/6
2. Heard Mr.R.Murugappan learned counsel for the petitioner and Mr.D.Gandhi Raj, learned Special Government Pleader appearing for the respondents. By consent, this Writ Petition itself is taken up for final disposal.
3. The case of the petitioner is that the subject property measuring an extent of 4-1/2 cents belongs to the petitioner. However, during UDR scheme, the said lands have been sub divided with wrong extent. Hence, he approached the respondents to rectify the said mistake and for issuance of a fresh patta. In this regard, he sent various representations. However, on 23.12.2023, he sent a detailed representation to the respondents 1 to 3. Thereafter also no action was taken. Hence, he has filed the present writ petition seeking the above said relief.
4. The learned counsel appearing for the petitioner would submit that though this Writ Petition has been filed praying for a larger relief, it would be suffice if the representation of the petitioner dated 23.12.2023 is disposed of on merits and in accordance with law within the time stipulated by this Court.
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5. The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner will be considered, on merits and in accordance with law.
6. In view of the above, without going into the merits of the claim made by the petitioner in this Writ Petition, the respondents are directed to pass appropriate orders on the representation of the petitioner, dated 23.12.2023, on merits and in accordance with law, after giving notice to the interested parties, if any, within a period of sixteen (16) weeks from the date of receipt of a copy of this order.
7. With the above directions, this writ petition is disposed of. No costs.
14.02.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn 4/6
To 1.The District Revenue Officer, Collectorate Campus, Karur, 2.The Revenue Divisional Officer, Revenue Divisional Office, Kulithalai, 3.The Tahsildar, Taluk Office, Kulithalai, 4.The Taluk Surveyor, Taluk Office, Kulithalai, 5/6
V.BHAVANI SUBBAROYAN, J.
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