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Madras High CourtWP(MD)/10833/2022disposed of

Muruganatham .C v. The District Revenue Officer

2025-06-13Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 13.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR C.Muruganantham ... Petitioner Vs

1. The District Revenue Officer, Collectorate , Trichy District.

2. The Revenue Divisional Officer, Srirangam Division, Trichy District.

3. The Tahsildar, Manapparai Taluk, Trichy District.

4. Kannan

5. Kavitha

6. Shankar ... Respondents (R4 to R6 are impleaded vide Court Order Dated 11.08.2022 in W.M.P.(MD). 10373/2022) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to cancel the UDR Patta and issue patta in favour of petitioner by considering petitioner's representation dated 30.03.2022 and to pass appropriate orders within stipulated time fixed by this Court. 1/6

For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader for R1 to R3 No Appearance for R4 & R6 Tapal returned for R5

O R D E R

The petitioner herein seeks a direction to the first respondent to cancel the UDR entry and issue patta in the name of the petitioner by considering his representation dated 30.03.2022.

2. Heard the arguments of Mr.A.Thiyagarajan, learned counsel for the petitioner and Mr.A.Baskaran, learned Additional Government Pleader appearing for the respondent Nos.1 to 3.

3. Though notice served on respondents 4 and 6 and their names appeared in the cause list, there is no representation on behalf of them. Though notice sent to the 5th respondent is returned with an endorsement 'incorrect address' and since no adverse order is going to be passed against the 5th respondent, notice to her is dispensed with. 2/6

4. It is the case of the petitioners that the properties situate in S.Nos.48/13, 14, 49/2, 16, 73/21, 74/1, 6 and 14B are originally belongs to petitioner's forefathers. Taking advantage of the absence of the petitioner in the village, his paternal uncle one Kannan mutated the revenue records in his favour and created documents. Now UDR entries are made in the names of petitioner's paternal uncle's son and daughters. Therefore, the petitioner submitted a representation on 30.03.2022, seeking cancellation of the UDR entry in the names of petitioner's paternal uncle's son and daughter and issuance of patta in their name. The same has not been considered by the respondents. Therefore, the petitioner has come before this Court.

4. The learned Additional Government Pleader, who appear for respondents 1 to 3 would submit that the representation submitted by the petitioner will be considered in accordance with law.

5. The main grievance of the petitioner is that his representation has not been considered by the first respondent. Therefore, this Court, without expressing any opinion on the merits of the matter, directs the first respondent to consider the representation of the petitioner dated 3/6

30.03.2022 and pass final orders on its own merits, within a period of 12 weeks from the date of receipt of a copy of this order, after issuing notice to the petitioner, private respondents 4 to 6 and other interested parties.

6. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

13.06.2025 vsm Index: Yes/No Internet: Yes/No 4/6

To

1. The General Manager, Southern Railways, Chennai - 600003.

2. The Secretary to Government, Tamil Nadu Highways Department, Fort St. George, Chennai - 600009.

3. The District Collector, Tirunelveli District, Tirunelveli.

5/6

S.SOUNTHAR, J.

vsm W.P (MD) No.10833 of 2022 13.06.2025 6/6