Balan v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2025

CORAM:

THE HONOURABLE MR JUSTICE P.B. BALAJI Balan .... Petitioner /Vs/

1. The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

2. The Tahsildar, Thiruchuli Taluk Office, Thiruchuli, Virudhunagar District.

3. N.Kanagaraj .... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, forbearing the 1st respondent from conducting the impugned proceeding notice in Na.Ka.A3/5600/2023 dated 03.01.2025.

For Petitioner : Mr. R.Karuppaiah For R1 & R2 : Mr.B.Saravanan Additional Government Pleader For R3 : Mr.V.Pavel 1/5

ORDER

The petitioner challenges the enquiry notice issued by the first respondent 03.01.2025.

2. The grievance of the petitioner is that the said enquiry proceedings initiated by the first respondent is without jurisdiction. Admittedly, the subject matter pertains to UDR correction and the competent authority is the District Revenue Officer, Virudhunagar.

3. The learned Additional Government Pleader appearing for the respondents 1 & 2 would submit that the first respondent is only conducting an enquiry and he is not going to pass any final orders.

4. Mr.V.Pavel, learned counsel appearing for the third respondent would submit that the petitioner would not be prejudiced in any manner if the petitioner attends the enquiry called for by the first respondent.

5. On going through the impugned notice, I find that the first respondent is not conducting an enquiry under the directions of the 2/5

District Revenue Officer, who is the competent authority to consider any requests / application regarding the UDR mistakes or cancellation of UDR patta. Therefore, with the consent of the counsel in all sides, the writ petition is disposed of directing the petitioner to appear for enquiry before the first respondent. The first respondent shall hear the petitioner and the third respondent and forward his report to the District Revenue Officer, Virudhunagar. The District Revenue Officer, Virudhunagar shall also give an opportunity of hearing to the petitioner and the third respondent and pass final orders. The copies of the application made by the third respondent shall be furnished to the petitioner, within a period of two weeks from the date of receipt of a copy of this order.

The petitioner shall file his response within a period of two weeks, thereafter and the first respondent shall conclude the enquiry within a period of eight weeks, thereafter and forward the report to the District Revenue Officer, who shall thereafter, consider the said report and hear the petitioner and the third respondent and pass final orders, within a period of eight weeks.

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6. With the above directions, the writ petition is disposed of. No costs.

Index : Yes / No NCC : Yes / No 24.04.2025 am To

1. The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District..

2. The Tahsildhar, Thiruchuli Taluk Office, Thiruchuli, Virudhunagar District.

Copy To The District Revenue Officer, Virudhunagar 4/5

P.B. BALAJI , J.

am Order made in Dated:

24.04.2025 5/5