Kumar.R.K v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH R.K.Kumar ... Petitioner Vs.

1. The District Revenue Officer, Madurai District, Madurai.

2. The Revenue Divisional Officer, Revenue Divisional Office, Madurai.

3. The Tahsildar, Madurai West Taluk, Madurai, Madurai District.

4. Muthulakshmi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the first respondent to correct the error in the patta and to issue a clean patta to the petitioner, in respect of old Survey No.78/2 in New Survey No.398/11 to an extent of 69 acres, situated in Vilachery Village, West Taluk, Madurai District, on the basis of the petitioner's representation dated 16.04.2021. For Petitioner : Mr.PR.Boomee Rajan For R-1 to R-3 : Mr.M.Lingadurai, Government Counsel For R-4 : Mr.P.Mahendran

ORDER

This writ petition has been filed for the issue of a Writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 16.04.2021, wherein, the petitioner has sought for the correction of an error that has crept in the patta, that was issued to the petitioner with respect to the subject property.

2. The case of the petitioner is that the subject property is situated in Survey No.78/2 and it measures an extent of 69 Acres. The further case of the petitioner is that the patta 1/3

also stood in the name of the predecessors in patta No.1956. It is stated that during UDR proceedings, a patta seems to have been issued in the name of a third party with respect to the subject property in Survey No.78/2. According to the petitioner, instead of mentioning Survey No as 76/2, a mistake has taken place by wrongly mentioning as Survey No.78/2.

3. The petitioner made a representation in this regard to the first respondent on 16.04.2021. Since there was no progress, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. Heard Mr.PR.Boomee Rajan, learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned Government counsel appearing on behalf of the respondents 1 to 3 and Mr.P.Mahendran, learned counsel appearing on behalf of the fourth respondent.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to consider the representation made by the petitioner on 16.04.2021 after affording opportunity to the petitioner and the fourth respondent and deal with the same on its own merits and in accordance with law and pass final orders within a period of eight

(8) weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order.

7. This Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Tsg NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To

1. The District Revenue Officer, Madurai District, Madurai.

2. The Revenue Divisional Officer, Revenue Divisional Office, Madurai.

3. The Tahsildar, Madurai West Taluk, Madurai, Madurai District. +1 CC to M/s.P.MAHENDRAN, Advocate ( SR-21482[F] dated 07/07/2021 ) +1 CC to M/s.P.R.BOOMI RAJAN, Advocate ( SR-21637[F] dated 08/07/2021 ) +1 CC to M/s.SPL GP ( SR-21728[F] dated 08/07/2021 ) Order made in Dated :

07.07.2021 CN(13.07.2021) 3P 7C 3/3