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Madras High CourtWP(MD)/12917/2020disposed of

M .Rakkammal v. The Dist.Revenue Officer

2020-12-10Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN W.P.(MD)No.12917 of 2020 M.Rakkammal ... Petitioner Vs.

1.The District Revenue Officer, Office of the District Revenue Officer, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai District.

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

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondents to rectify the wrong entry made during UDR survey register in connection with my land comprised in Old Survey Nos.261, 263 and 264 (New Survey No.120, 111, and 106) situated at Sakkimangalam Village, Madurai East Taluk, Madurai District and issue patta in my favour based on the proceedings issued by the second respondent in his proceedings in Oo.Mu.No.7832/2013/No. Dated 02.12.2013 within the time stipulated by this Court.

For Petitioner : Mr.C.Gangai Amaran For Respondent : Mr.K.P.Krishnadoss Special Government Pleader

ORDER

The petitioner has come forward with this Writ Petition, seeking a direction to the respondents to rectify the wrong entry made during UDR survey register in connection with the petitioner's land comprised in Old Survey Nos.261, 263 and 264 (New Survey No.120, 111, and 106) situated at Sakkimangalam Village, Madurai East Taluk, Madurai District and issue patta in favour of the petitioner based on the proceedings issued by the second respondent in his proceedings in Oo.Mu.No.7832/2013/No. dated 02.12.2013 within the time stipulated by this Court.

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2.Heard the learned Counsel appearing for the petitioner and Mr.K.P.Krishnadoss, learned Special Government Pleader, who took notice for the respondents.

3.The learned Counsel appearing for the petitioner would submit that the punja land comprised in Old Survey Nos.261, 263 and 264 (New Survey No.120, 111, and 106) situated at Sakkimangalam Village, Madurai East Taluk, Madurai District, originally belonged to the petitioner's father and he has been cultivating various crops in the said land and paying all taxes from 1920 onwards. After the demise of the petitioner's father, his legal heirs including the petitioner has been in possession and enjoyment of the said land by doing cultivation. While so, during the year 1983 UDR Survey, certain changes took place in the UDR Survey Register and the new survey number for the petitioner's land was given as S.Nos.120, 111 and 106 respectively and patta was also issued.

As there was some error in the UDR survey register, the petitioner made a representation to the second and third respondent. Thereafter, the Zonal Deputy Tahsildar, Madurai conducted an enquiry and submitted a report to the first and second respondent vide proceedings dated 20.09.2013 and based on the said report, the second respondent vide his proceedings dated 02.12.2013 directed the third respondent to rectify the wrong entries made in respect of the said survey numbers. Further, the second respondent also sent a communication to the first respondent vide proceedings dated 13.10.2015 by enclosing all relevant records and records pertaining to UDR Survey for taking further action and final decision. Thereafter, as no action has been taken by the respondents, the petitioner made another representation on 21.01.

2016 and based on the same, the first respondent directed all the interested parties and the Village Administrative Officer including the petitioner to appear before him for an enquiry on 11.08.2017 along with all records. Even though the petitioner appeared and produced all necessary documents before the first respondent on 11.08.2017, the first respondent has not taken any decision and passed any order so far. Therefore, the petitioner has come forward with the present Writ Petition. 4.The learned Special Government Pleader appearing for the respondents would submit that already enquiry has been conducted by the first respondent with regard to the wrong entry made in the revenue records and that a decision will be taken shortly and communicated to the petitioner.

5.Considering the facts and circumstances of the case and that enquiry has already been conducted as early as on 11.08.2017, the first respondent is directed to take a decision on the said issue within a period of 90 days from the date of receipt of a copy of this order. If a decision has already been taken, the same shall be communicated to the petitioner within a period of 15 days from the date of receipt of a copy of this order in order to enable him 2/3

to question the same, if he is aggrieved by the same. 6.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) SRM To 1.The District Revenue Officer, Office of the District Revenue Officer, Madurai District.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Madurai District.

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

+1 CC to M/s.SPL GP ( SR-25156[F] dated 11/12/2020 ) W.P.(MD)No.12917 of 2020 10.12.2020 PU(CO) KB(30.12.2020) 3P 5C 3/3