Kusalavan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P(MD).No.19897 of 2015 and MP(MD)Nos. 1 to 3 of 2015 Kusalavan ...

Petitioner Vs.

1.The District Collector Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai District, Madurai 4.The Tahsildar Melur Taluk, Madurai.

5.The Village Administrative Officer, Kidaripatti Post, Melur Taluk, Madurai District 6.Sulaika Beevi 7.Muthu Mohan ...

Respondents Writ Petition filed under Article 226 of the Constitution of India for the issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned proceedings in Na.Ka.No.G5/25958/2015 before the 2nd respondent dated 29.06.2015 and quash the same and consequently direct the 2nd respondent to act accordance with law.

For petitioner : Mr.G.Kasinatha Durai For Respondents : Mr.S.Kumar for R1 to R5 Additional Government Pleader Mr.S.A.Ajmal Khan for R6 *****

ORDER

After some arguments by both sides, it is fairly submitted that as far as UDR patta is concerned only, the District Revenue Officer is the authority. The present writ petition is filed challenging the notice issued by the District Revenue Officer calling upon for an enquiry by both parties.

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2. The learned counsel for the 6th respondent fairly concedes in his application that only in the UDR patta, a wrong entry has been made. Therefore, the competent authority is the District Revenue Officer. However, as per the petitioner, it is a regular patta and only the Revenue Divisional Officer is the authority to decide as far as the regular patta is concerned. Since the objection of the respondent is that it is only an UDR patta and enquiry is being conducted by the District Revenue Officer, the petitioner will now appear before the District Revenue Officer and bring to his notice, whether it is a change in the UDR patta or the regular patta. If it is UDR patta, the District Revenue Officer is the authority. If the District Revenue Officer decides it is a regular patta, then, he shall transfer the same to the Revenue Divisional Officer. Therefore, it is needless to mention that the petitioner shall appear before the District Revenue Officer and raise all the points.

3. With the above direction, this petition is closed. No costs. Consequently connected Miscellaneous Petitions (M.P.Nos.1 to 3 of 2015) are closed.

Sd/ Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector Madurai District, Madurai.

2.The District Revenue Officer, Madurai District, Madurai.

3.The Revenue Divisional Officer, Madurai District, Madurai 4.The Tahsildar Melur Taluk Madurai.

5.The Village Administrative Officer, Kidaripatti Post, Melur Taluk, Madurai District +1CC to M/S. S.A.Ajmal Khan, Advocate, SR.No. 12006 +1CC to M/S. G.Kasinathadurai, Advocate, SR.No. 11678 +1CC to the Special Government Pleader, SR.No. 11839 W.P(MD).No.19897 of 2015 and MP(MD)Nos. 1 to 3 of 2015 01.03.2016 AM/AAL.MPA/21.03.2016/2P/9C https://hcservices.ecourts.gov.in/hcservices/