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Madras High CourtWP(MD)/11667/2017disposed of

Thangavel, v. The District Collector

2017-06-23Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 23.06.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.11667 of 2017 Thangavel ..Petitioner Vs.

1.The District Collector, Collectorate Building, Trichy District.

2.The District Revenue Officer, Office of the District Revenue Officer, Trichy District.

3.The Tahsildar, Musiri Taluk, Musiri, Trichy District.

..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 21.12.2016 to rectify the mistake in his Patta No.1950 for an extent 8 cents instead of 0-3.00 Ares within a time stipulated by this Hon'ble Court.

For Petitioner : Mr.A.C.Asaithambi For Respondents : Mr.A.Muthukaruppan, Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the 3rd respondent to consider the petitioner's representation dated 21.12.2016 to rectify the mistake in his Patta No.1950 for an extent 8 cents instead of 0-3.00 Ares within a time stipulated by this Hon'ble Court. 2.Heard Mr.A.C.Asaithambi, learned counsel appearing for the petitioner and Mr.A.Muthukaruppan, learned Additional Government Pleader appearing for the respondents.

3.By consent of both parties, the main Writ Petition itself is taken up for disposal, at the admission stage itself. 4.The case of the petitioner is that he purchased 8 cents of land in Survey No.338/1F at Pulivalam Village, Thuraiyur Taluk, Trichy District through a registered sale deed dated 18.09.1967 and on 09.06.1988 and he has been in possession of the same. The https://hcservices.ecourts.gov.in/hcservices/

petitioner claim that the respondent instead of issuing patta for an extent of 8 cents, issued patta only for 7.5 cents under UDR Scheme. Hence, the petitioner submitted a representation to the respondents on 21.12.2016, to rectify the mistake. Since, no action was taken, the present Writ Petition has been filed. 5.The learned Additional Government Pleader would submit that if any mistake is made under the UDR Scheme, the second respondent who is the District Revenue Officer is the Competent Authority and the third respondent has no jurisdiction to rectify the mistake. 6.In view that the above submission and also considering the prayer in this Writ Petition, the petitioner is directed to give one more representation to the second respondent enclosing a copy of this order within a period of two weeks from the date of receipt of a copy of this order.

On receipt of such representation, the second respondent shall consider the same and pass orders on merits and in accordance with law within a period of eight weeks there from.

7.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(CS-III) / True Copy / Sub Assistant Registrar(C.S.) To 1.The District Collector, Collectorate Building,Trichy District.

2.The District Revenue Officer, Office of the District Revenue Officer,Trichy District. 3.The Tahsildar, Musiri Taluk, Musiri,Trichy District.

+1cc to Special Government Pleader, SR.No. 62040 MR/MYR MAS/KK/SAR3:26.07.2017:2P-5C W.P(MD)No.11667 of 2017 23.06.2017(2/2) https://hcservices.ecourts.gov.in/hcservices/