Murugesan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI and W.M.P(MD)No.5891 of 2025 Murugesan .... Petitioner /Vs/

1. The Revenue Divisional Officer Kovilpatti, Thoothukudi District

2. The Tahsildar Taluk Office, Vilathikulam Taluk, Thoothukudi District

3. The Firka Surveyor Puthur Firka, Vilathikulam Taluk, Thoothukudi District

4. Balamurugan .... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned memo vide Na.Ka.D6/8136/2021 dated .02.2025 and quash the same as illegal improper unlawful unconstitutional and arbitrary and consequently direct the respondents 1 to 3 to advice the 4th 1/5

respondent to seek remedy through the process of Court of Law in respect of the property through the process of Court of Law in respect of the property comprised in Natham S.No. 111/1A29 to an extent of 250 sq mt out of 1040 sq mt (6.11 cents).

For Petitioner : Mr.R.Murugan For R1 to R3 : Mr.M.Lingadurai Special Government Pleader For R4 : M.Mohaboob Fazil

ORDER

I have heard Mr.R.Murugan, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents 1 to 3 and Mr.M.Mohaboob Fazil, learned counsel appearing for the fourth respondent.

2. The learned counsel appearing for the fourth respondent would fairly submit that since the matter pertains to the UDR error, the fourth respondent has been advised to move the District Revenue Officer for necessary corrections and it is also informed that the fourth respondent has already filed an application before the District Revenue Officer. Therefore, the District Revenue Officer being the competent authority 2/5

even as per the prevailing Government Order to correct any errors pertaining to UDR entries. It would suffice to direct the parties to appear before the District Revenue Officer and to put forth their respective contentions. The District Revenue Officer shall give necessary opportunity to the petitioner as well as the fourth respondent, who is the petitioner before the District Revenue Officer and other interested parties and pass final 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.

3. In view of the above, the impugned notice is quashed and the writ petition is allowed. The parties shall go before the District Revenue Officer. No costs. Consequently, connected miscellaneous petition is closed.

Index : Yes / No NCC : Yes / No 04.04.2025 am 3/5

To

1. The Revenue Divisional Officer Kovilpatti, Thoothukudi District

2. The Tahsildar Taluk Office, Vilathikulam Taluk, Thoothukudi District

3. The Firka Surveyor Puthur Firka, Vilathikulam Taluk, Thoothukudi District 4/5

P.B. BALAJI , J.

am Order made in Dated:

04.04.2025 5/5