P.Anbalagan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI P.Anbalagan ... Petitioner /Vs./

1. The Revenue Divisional Officer, Office of the Revenue Divisional, Sivagangai Taluk, Sivagangai District.

2. The Tahsildar Taluk Office, Sivagangai Taluk, Sivagangai District.

3.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai Taluk, Sivagangai District.

(R3 impleaded vide Court order dated 20.02.2025 In WMP(MD)No.1947 of 2025) ... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st 1/4

respondents impugned order in Pa.Mu. A3/7175/2023 dated 25.10.2023 and quash the same as devoid of merits and consequently directing the first respondent to issue patta in Town Survey No. 109/12 an extent of 61 cents at Melavaniyangudi Village, Sivagangai Taluk, Sivagangai District, in view of the name of his grandfather in settlement A register and based on the petitioner's petition dated 10.08.2023 and for other reliefs within a period stipulated by this Court. For Petitioner : Mr.S.Atham Ali For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

The petitioner has filed the present writ petition challenging the impugned order of the first respondent in Pa.Mu. A3/7175/2023 dated 25.10.2023.

2. According to the petitioner, the subject matter pertains to UDR correction in respect of which, the District Revenue Officer is the competent authority. However, the impugned order has admittedly been passed by the first respondent.

2/4

3. In view of the lack of jurisdiction for the first respondent to even take up the enquiry in the subject matter pertaining to UDR correction, the impugned order is liable to be set aside.

4. In view of the above, the impugned order being set aside for want of jurisdiction and the matter is remitted to the third respondent / District Revenue Officer to consider the petitioner's application dated 10.08.2023 on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioner, shall dispose of the matter within a period of twelve (12) weeks from the date of receipt of copy of this order.

5. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

Index : Yes / No 20.02.2025 NCC : Yes / No LS 3/4

P.B. BALAJI , J.

LS TO:-

1. The Revenue Divisional Officer, Office of the Revenue Divisional, Sivagangai Taluk, Sivagangai District.

2. The Tahsildar Taluk Office, Sivagangai Taluk, Sivagangai District.

3.The District Revenue Officer, Office of the District Revenue Officer, Sivagangai Taluk, Sivagangai District.

Order made in Dated:

20.02.2025 (2/2) 4/4