Duraipandi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.14901 of 2015 Duraipandi ... Petitioner Vs.

1. The District Revenue Officer, Thoothukudi.

2. The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

3. The Tahsildar, Sattankulam Taluk, Thoothukudi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and dispose of the petitioner application dated 24.6.2015 for deleting the wrong entry of Resurvey No.131/2E6, from sketch of Resurvey No.131 and from all the revenue records which is entered wrongly after the UDR scheme in Resurvey No.131, Palangulam Village, Sattankulam Taluk, on merits according to law within stipulated time as may be fixed by this Hon'ble Court. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

This writ petition has been filed seeking a writ of mandamus, directing the first respondent to delete the wrong entry from the revenue records, in respect of his property, by considering his application dated 24.06.2015.

2. Heard the learned Counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents.

3. According to the petitioner, the property in Survey No.131, Palangulam Village, Sattankulam Taluk belongs to him and he is enjoying possession over the same. It is the case of the https://hcservices.ecourts.gov.in/hcservices/

petitioner that after the UDR scheme, resurvey numbers were allotted and according to him, the resurvey number for his property is 131/2E3, whereas, in the revenue records, it is mentioned as 131/2E6. In order to rectify the same, the petitioner has preferred an application dated 24.06.2015, followed by a representation dated 11.08.2015. As the same are kept pending, without any action, the petitioner is before this Court, with the aforesaid prayer.

4. The learned Special Government Pleader, on instructions, submitted that the first respondent is now inclined to pass orders on the application of the petitioner, on merits, within a stipulated time period.

5. Under such circumstances, this Court, without going into the merits of the petitioner's claim, directs the first respondent, to consider the application of the petitioner dated 24.06.2015 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (AE) /True copy/ Sub Assistant Registrar To

1. The District Revenue Officer, Thoothukudi.

2. The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.

3. The Tahsildar, Sattankulam Taluk, Thoothukudi District.

+ 1 CC TO MR.T.A.Ebenezer, ADVOCATE IN SR No.83414 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No.83498 gk MK/MR KKR/SAR-3/07.11.2017/2P/6C W.P.(MD)No.14901 of 2015 https://hcservices.ecourts.gov.in/hcservices/ 24.10.2017