Vasudevan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH and W.M.P(MD)No.9588 of 2021 Vasudevan ... Petitioner Vs.

1.The District Revenue Officer, Dindigul District.

2.The Thasildar, Nilakottai Taluk, Dindigul District.

3.P.Mayileeswaran 4.Kumaresan ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 1st respondent to cancel the UDR Patta No.902 in the name of the respondents 3 and 4, relating with the land in S.No.220/6 & 7 Mattaparai Village in Nilakottai Taluk, Dindigul District and to issue a patta to the same in the name of the legal heirs of Late.Thangapandian, who is the title and patta holder of the said lands, by disposing the petitioner's representation, dated 13.05.2019 within a period to be fixed by this Hon'ble Court. For Petitioner : Mr.R.Suriya Narayanan For R1 & R2 : Mr.M.Lingadurai, Government Advocate

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 13.05.2019, wherein, the petitioner has sought for the cancellation of the UDR patta issued in favour of the third and fourth respondents with respect to the subject property.

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2. The case of the petitioner is that the subject property belonged to his late father by virtue of registered sale deeds that were registered in the years 1952 and 1953 respectively and patta was also issued in his favour in Patta No.428.

3. The grievance of the petitioner is that during the UDR Scheme, patta has been issued in favour of the third and fourth respondents with respect to the subject property in Patta No.902 and according to the petitioner, the third and fourth respondents do not have any right or title over the property.

4.The petitioner, therefore, made a representation before the first respondent seeking for rectification of the error that had crept in at the time of UDR Scheme. Since the same was not considered, the present Writ Petition has been filed before this Court seeking for appropriate directions.

5. Heard Mr.R.Suriya Narayanan, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents 1 and 2.

6. 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 13.05.2019 after affording opportunity to the petitioner and the respondents 3 and 4 and deal with the same on its own merits and in accordance with law and pass final orders within a period of six weeks from the date of receipt of a copy of this order.

7. 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.

8. The Writ Petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg 2/3

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.

To 1.The District Revenue Officer, Dindigul District.

2.The Thasildar, Nilakottai Taluk, Dindigul District.

+1 CC to M/s.GP ( SR-23317[F] dated 20/07/2021 ) Order made in and W.M.P(MD)No.9588 of 2021 Dated :

19.07.2021 RKN (29.07.2021) 3P 4C 3/3