Karpagavalli v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI Karpagavalli ...

Petitioner Vs 1 The District Collector, Tuticorin, 2 The District Revenue Officer, Thirichendur, 3 The Thasildar, Sathankulam, ...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to give appropriate direction to the 2nd respondent to consider the petitioner's representation, dated 05.12.2024, to correct the UDR for the survey No.261/1, situated at Sathankulam Taluk, Komadikottai Village, Tuticorin District.

For Petitioner :

Ms.K.M.Priscilla Jancy For Respondents : Mr.B.Saravanan, Addl. Govt. Pleader.

ORDER

Considering the limited scope of the prayer sought, with the consent of the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks issuance of writ of mandamus, to direct the first respondent to give appropriate direction to the 2nd respondent to consider the petitioner's representation, dated 05.12.2024, to correct the UDR for Survey No.261/1, situated at Sathankulam Taluk, Komadikottai Village,

3. Learned counsel for the petitioner would invite my attention to the proceedings of the Revenue Divisional Officer as well as the Tahsildar, Sathankulam, dated 03.02.2024, whereby the adjoining owner Diocese Church and the petitioner have jointly made a request for correction of the error, that has been crept in UDR.

4. Mr.S.Muthumalai Raja, learned counsel for the contesting party, would submit that one Emi is in lawful possession of the property in

Survey No.261/1, claiming right under the church, and his authority having been given by the Bishop of the Diocese. Learned counsel would also submit that the petitioner has not impleaded the said Emi in the Writ Petition. Therefore, counsel seeks time to implead his client in the Writ Petition.

5. Per contra, learned counsel for the petitioner would bring to my attention the representation given to the District Revenue Officer on 05.12.2024, wherein the entire facts and circumstances have been put forth.

6. Considering that the petitioner is only seeking a direction to dispose of her representation, which is pending with the second respondent, for correction of UDR, and the contesting non-party - Emi shall also be allowed to participate in the enquiry proceedings to be conducted by the second respondent, the Writ Petition is allowed with the following directions :

(1) Second respondent - District Revenue Officer shall fix a date of enquiry and issue notice to the petitioner as well as the contesting individual, namely, Emi, and after affording a fair opportunity to both the parties, pass final orders on the representation of the petitioner, dated 05.12.2024, seeking correction of UDR in Survey No.261/1, within a period of eight weeks from the date of conclusion of enquiry.

(2) It is open to the petitioner as well as Emi to furnish all documents in respect of their contentions.

No costs.

04.02.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit To:

1 The District Collector, Tuticorin, 2 The District Revenue Officer, Thirichendur, 3 The Thasildar, Sathankulam,

P.B.BALAJI, J.

dixit 04.02.2025