Vasantha, W/O.Meikkappan, v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.06.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.14337 of 2019 Vasantha ... Petitioner -Vs1.The District Collector, Thanjavur, Thanjavur District.
2.The District Revenue Officer, Thanjavur, Thanjavur District.
3.The Revenue Divisional Officer, Thanjavur, Thanjavur District.
4.The Tahsildar, Orathanadu, Thanjavur District.
5.Banumathi ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents 2 and 3 to rectify the wrong entries made in the revenue records during UDR Survey in respect of S.No.263/29 measuring 0.02.0, Ambedkar Street, Vadaseru North, Orathanadu Taluk, Thanjavur District and restore the patta in the name of writ petitioner within the time frame fixed by this Court.
For Petitioner : Mr.M.Dinesh For Respondents : Mr.V.Anand, G.A. For RR1 to 4
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the respondents 2 and 3 to rectify the wrong entries made in the revenue records during UDR Survey in respect of S.No.263/29 measuring 0.02.0, Ambedkar Street, Vadaseru North, Orathanadu Taluk, Thanjavur District and restore the patta in the name of writ petitioner within the time frame fixed by this Court.
2.Heard Mr.M.Dinesh, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents. Since no adverse order is going to be passed against the 5th respondent, notice to her is dispensed with. 3.It is the claim of the petitioner that the petitioner has been assigned patta under landless poor agriculturists for Adi Dravidar Community by the revenue department and accordingly, Patta No.29 was allotted, where the petitioner claimed to have constructed building and have been residing. However, the said patta has been given wrongly in the name of the 5th respondent, when the petitioner was away from the place and therefore, in order to rectify the same, the petitioner has given representation to the 2nd respondent on 12.06.2019 and therefore, the learned counsel appearing for the petitioner submits that the said representation if is considered by the 2nd respondent within a time frame on merits, the petitioner would be satisfied.
4.Heard the learned Government Advocate appearing for the respondents 1 to 4, who would submit that the said request of the petitioner dated 12.06.2009 would be considered by the 2nd respondent and an order to that effect would be passed on merits, within a time frame as stipulated by this Court. 5.Considering the limited scope of the prayer sought for in this writ petition, this Court is inclined to dispose of this writ petition, with the consent of both the parties, at the admission stage itself, with the following direction:
"The 2nd respondent is hereby directed to consider the representation of the petitioner dated 12.06.2019 and decide the same on merits and in accordance with law, of course, by giving opportunity of being heard to the petitioner as well as the 5th respondent and pass final orders thereon, within a period of eight weeks from the date of receipt of a copy of this order."
6.With this direction, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(Crl Side) // True Copy // Sub Assistant Registrar(CS) Arul
To 1.The District Collector, Thanjavur, Thanjavur District.
2.The District Revenue Officer, Thanjavur, Thanjavur District.
3.The Revenue Divisional Officer, Thanjavur, Thanjavur District.
4.The Tahsildar, Orathanadu, Thanjavur District.
+1CC TO MR.M.DINESH, Advocate Sr. No.71676 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No.72017 Order made in W.P.(MD)No.14337 of 2019 Dated: 26.06.2019 RP(CO) TR (11.07.2019) 3P 7C