Jagadeesan.N v. The Dist.Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2023
CORAM
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH N.Jagadeesan ... Petitioner Vs
1. The District Collector, Karur District, Karur.
2. The District Revenue Officer, Karur, Karur District.
3. Gunasekaran
4. Sivaganesan
5. Velusamy ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 2nd respondent to dispose the application, dated 09.04.2021 made by the writ petitioner to rectify the UDR mistake, within the time stipulated by this Court.
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For Petitioner : Mr. VR. Shanmuganathan.
For Respondents : Ms.D.Farjana Ghoushia(R1 and R2) Special Government Pleader Mr.J.Krishna Kumar (R3)
O R D E R
This Writ Petition has been filed for issue of a writ of mandamus directing the second respondent to dispose of the application, dated 09.04.2021, wherein, the petitioner is seeking to rectify the mistake that occurred during UDR.
2.Heard the learned counsel appearing for the petitioner, the learned Special Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for the third respondent. 3.The case of the petitioner is that the subject property was originally mentioned as land belonging to the Velampadi village. Subsequently, during UDR, the names of the respondents 3 and 4 were entered in the revenue records. In view of the same, a petition was filed by the petitioner before the second respondent to carry out necessary 2/5
corrections in the UDR. Since the same was not considered, the present writ petition has been filed before this Court. 4.The third respondent has filed a counter affidavit and has vehemently questioned the very claim made by the petitioner. According to the third respondent, even prior to the year 1984, the revenue records stood in the name of his father. Therefore, according to the third respondent, claim of the petitioner as if, mistake had been occurred during the UDR is totally unsustainable.
5.The learned Special Government Pleader appearing on behalf of the respondents 1 and 2, based on the written instructions received from the second respondent, submitted that the application made by the petitioner has been posted for enquiry on 20.11.2023 and the notice will be issued to the petitioner and the private respondents and enquiry will be conducted and thereafter, a decision will be taken by the second respondent.
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6.In view of the above, without going into the merits of the case and the claim made by either side, a direction is given to the second respondent to proceed further with the enquiry, after giving opportunity to the petitioner and the respondents 3 and 5 and orders shall be passed on its own merits and in accordance with law, within a period of three months from the date of receipt of copy of this order. This Court has not expressed any opinion on the merits of the case. Therefore, it is left open to the second respondent to deal with the claim put forth by either of the parties, on its own merits.
7.Accordingly, this writ petition stands disposed of. No costs. 18.10.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No PNM To
1. The District Collector, Karur District, Karur.
2. The District Revenue Officer, Karur, Karur District.
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N.ANAND VENKATESH, J.
PNM ORDER IN 18.10.2023 5/5