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Madras High CourtWP(MD)/4145/2018disposed of

C.Neelamegam, v. The District Revenue Officer,

2018-02-28Honourable Mr Justice V. Bharathidasan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN WP (MD) No.4145 of 2018 C.Neelamegam .. Petitioner Vs.

1.The District Revenue Officer, Collectorate, Dindigul.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.M.Eswari 4.M.Rajendran 5.D.Ramaprabha ... Respondents Petition filed under Article 226 Constitution of India to issue a Writ of Mandamus directing the first respondent to correct the Patta Register based on the registered partition deed No.1426/1978 dated 16.09.1978 and the enquiry report of the Village Administrative Officer dated 06.01.2017 available in the file No.Oo.Mu.No.5839/2014/B4 of the second respondent office. For Petitioner : Mr.V.Angusamy For R1 & R2 : Mr.Aayiram K.Selvakumar Additional Government Pleader

ORDER

This writ petition has been filed seeking direction to the first respondent to correct the patta register based on the registered partition deed No.1426/1978 dated 16.09.1978 and the enquiry report of the Village Administrative Officer dated 06.01.2017 available in the file No.Oo.Mu.No.5839/2014/B4 of the second respondent office.

2.I have heard Mr.V.Angusamy, learned counsel appearing for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader, appearing for the respondents 1 and 2. Since the order going to be passed is no way prejudicial to the interest of the respondents 3 to 5, notice to the respondents 3 to 5 is dispensed with.

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3.According to the petitioner, some changes were made in the revenue records during UDR proceedings in the petitioner land. Earlier, the petitioner has approached the Revenue Divisional Officer, seeking correction of revenue records. Subsequently, he moved this Court by way of filing a writ petition in WP(MD) No.20354 of 2017. When the matter was taken up for hearing on 06.11.2017, it is submitted by the respondents that the mistake has taken place during U.D.R proceedings and only the District Revenue Officer is the competent authority to correct the mistake, the Revenue Divisional Officer has no role to play in it. Hence, the petitioner was permitted to withdraw the writ petition with a liberty to move before the appropriate authority. Thereafter, the petitioner has filed an application before the first respondent on 15.12.2017, seeking for correction of mistake and the same is pending without passing any orders. Hence, this writ petition has been filed.

4.Considering the fact that the representation is pending with the first respondent for a long time, the first respondent is directed to consider the petitioner's representation dated 15.12.2017 and pass orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner and respondents 3 to 5.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Collectorate, Dindigul.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

+1CC TO M/S.V.ANGUSAMY, ADVOCATE, SR NO.52183 +1CC TO SPECIAL GOVERNMENT PLEADER, SR NO.52338 WP (MD) No.4145 of 2018 28.02.2018 mj MS/JC/SAR-4/13.03.2018/2P.5C https://hcservices.ecourts.gov.in/hcservices/