S. Venkatachalapathi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P(MD)No.4025 of 2025 S.Venkatachalapathi ... Petitioner vs.

1.The District Collector, Tenkasi District, Tenkasi.

2.The Revision Petition Enquiry Officer/ The District Revenue Officer, Collectorate Campus, Tenkasi District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarankovil, Tenkasi District.

4.The Tahsildar, Sankarankovil, Tenkasi District.

5.R.S.Gandhi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, to call for the records pertaining to the impugned 1/5

order in Ni.Mu.H2-COLR-8950-2023 (Se.Ma.No.33-2023) dated 29.01.2025 on the file of the second respondent and quash the same as illegal. For Petitioner : Mr.T.ASwin Raja Simman For Respondents : Mrs.S.Jeyapriya Government Advocate for R1 to R4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government appearing for the official respondents 1 to 4. 2.The petitioner challenges the impugned order of the second respondent dated 29.01.2025.

3.The learned counsel for the petitioner would submit that the grievance of the petitioner was two fold, namely in respect of S.Nos.475/6, 7 and 8, the petitioner sought for correction of the UDR records and in respect of properties comprised in S.Nos.475/E, F and 476/E, were realting to purchase made by the petitioner's father. The learned counsel for the petitioner, on instructions, would submit that insofar as the direction in the impugned order pertaining to S.Nos. 475/E, 475/F and 476/E, the petitioner is now willing to approach the competent 2/5

civil Court and redress his grievances. However, insofar as the other properties namely, S.Nos.475/6, 7 and 8, it is the specific contention of the petitioner's counsel that there is absolutely no discussion whatsoever with regard to the request for correction of the UDR in respect of these survey numbers. 4.I have carefully considered the impugned order as well as the written instructions that have been sent to the Government Advocate. 5.The only consideration has been with regard to the survey numbers under which the petitioner's father purchased the property and not in respect of S.Nos.475/6, 7 and 8. Therefore, insofar as these three survey numbers are concerned, the matter has to be necessarily remitted to the second respondent for passing fresh orders, after affording a fair opportunity to the petitioner and all other interested parties.

6.In view of the above, this Writ Petition is partly allowed, confirming the order of the second respondent, dated 29.01.2025, insofar as it relates to the findings regarding S.Nos.475/E, 475/F and 476/E and setting aside the said order insofar as S.Nos.475/6, 7 and 8. The second respondent shall conduct necessary enquiry in respect of these survey numbers and pass final orders on merits and in 3/5

accordance with law, after hearing all the parties concerned. The said exercise shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

10.03.2025 sji NCC: Yes/No Index : Yes / No Internet : Yes / No To 1.The District Collector, Tenkasi District, Tenkasi.

2.The Revision Petition Enquiry Officer/ The District Revenue Officer, Collectorate Campus, Tenkasi District.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sankarankovil, Tenkasi District.

4.The Tahsildar, Sankarankovil, Tenkasi District 4/5

P.B.BALAJI , J.

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