N.Anandkumar, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.167 of 2019 N.Anandkumar

...Petitioner

-Vs1.The District Collector, Dindigul District.

2.The District Revenue Officer, Dindigul District.

3.The Tahsildar, Vedasanthur Taluk, Dindigul District.

...Respondents

Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to rectify the mistake in Patta No.774 & 370 and to issue Patta in the name of the petitioner and his brother Saravanaperumal to the land comprised in S.Nos.1703/3B & 1678/1 of Vadamadurai Village Vedasanthur Taluk Dindigul Dist., by considering my representation dated 21.11.2018 within a stipulated time that may be fixed by this Honourable Court.

For Petitioner : Mr.R.Rajamohan For Respondents : Mr.Bagavathy, G.A.

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondents to rectify the mistake in Patta No.774 & 370 and to issue Patta in the name of the petitioner and his brother Saravanaperumal to the land comprised in S.Nos.1703/3B & 1678/1 of Vadamadurai Village Vedasanthur Taluk, Dindigul District, by considering his representation dated 21.11.2018 within a stipulated time that may be fixed by this Court. 2.Heard Mr.R.Rajamohan, learned counsel appearing for the petitioner and Mr.Bagavathy, learned Government Advocate appearing for the respondents.

3.The grievance of the petitioner is that a rectification has to be made in patta No.774 & 370 and to issue patta in the name of the petitioner and his brother Saravanaperumal to a land comprised

in S.Nos.1703/3B & 1678/1 of Vadamadurai Village Vedasanthur Taluk, Dindigul District, by considering his representation dated 21.11.2018.

4.Mr.Bagavathy, learned Government Advocate appearing for the respondents relied upon the counter affidavit filed by the third respondent on behalf of the respondents and para 4 of the counter reads as follows:

"4.In this regard the petitioner sent a petition seeking remedy to his land dispute to the 2nd respondent on 22.11.2018. The 2nd respondent, the District Revenue Officer, Dindigul is the competent authority for UDR correction and his petition for UDR correction has been accepted and it is under process for calling enquiry. But the petitioner filed this writ petition simultaneously before this Hon'ble Court without getting any order from the District Revenue Officer. The petitioner can be preferred an appeal in this Hon'ble High Court after the receiving the orders of the District Revenue Officer, Dindigul."

5.The learned Government Advocate would further submit that, since the issue is now pending with the District Revenue Officer i.e. the second respondent, before whom the petitioner has already appeared and made his representation, the same would be considered on merits and in accordance with law and an order to that effect would be passed, within a time frame.

6.In view of the stand taken by the respondents, since the issue is pending before the second respondent, before whom, already the petitioner has appeared, this writ petition is disposed of with the following direction:

"The second respondent is directed to pass necessary orders on the enquiry conducted by the second respondent with regard to the grievance of the petitioner and such order shall be passed on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order."

7.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) Arul

To 1.The District Collector, Dindigul District.

2.The District Revenue Officer, Dindigul District.

3.The Tahsildar, Vedasanthur Taluk, Dindigul District.

+1CC TO MR.R.RAJAMOHAN, Advocate Sr. No.66702 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 66717 Order made in W.P.(MD)No.167 of 2019 Dated:

03.06.2019 (CO) TR (07.06.2019) 3P 6C