Uma Rajan.V v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY V.Uma Rajan ... Petitioner versus
1. The District Revenue Officer, Madurai District, Madurai.
2. The Revenue Divisional Officer, Madurai North Taluk, Madurai District.
3. The Thasildar, Madurai North Taluk, Madurai District.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, directing the third respondent to implement the 1st respondent's order in proceedings ep/K/vz; /24850/2013/ [p5 ehs; 23.06.2016 and 1st respondent's communication e.f.vz;.48736/ 2020 /[p 5 ehs; 05.01.2021 for rectification in UDR in survey No.53/1,Kannanendhal Village, Madurai North Taluk, Madurai.
For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.R.Baskaran Counsel for the State
ORDER
The petitioner seeks a direction to implement the order of the District Revenue Officer dated 05.01.2021 with regard to the rectification of discrepancy in the relevant revenue records pertaining to Survey No.53/1, Kannanendhal Village, Madurai North Taluk, Madurai.
2. The petitioner states that he purchased 8 cents 192 sq.ft in Survey No.53/1 of Kannanendhal Village, Madurai North Taluk, Madurai, from one Tmt.Sankaravadivu through a registered sale deed. The petitioner states that he has been endeavoring to effect a mutation of the patta after purchasing the property. At that time, he noticed a discrepancy between his sale deed and the A Register and FMB sketch. Therefore, he made an application to the second respondent. The second respondent directed the third respondent to conduct an inquiry in relation thereto. The third respondent conducted such inquiry and submitted a report to the second 1/3
respondent dated 10.07.2021. It is stated that the third respondent did not take any further action and, therefore, the petitioner made an application before the first respondent. Pursuant to such application, the communication dated 23.06.2016 was issued by the first respondent. In view of the fact that the third respondent is failed to act in terms of the communications dated 23.06.2016 and 05.01.2021 the writ petition is filed.
3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all the respondents.
4. The petitioner refers to and relies upon a communication dated 05.01.2021 from the District Revenue Officer. By such communication, the third respondent has been directed to initiate action within a period of 15 days.
5. A perusal of the communication dated 05.01.2021 discloses that it is based on an earlier order dated 23.06.2016. Such earlier order has also been enclosed by the petitioner. Upon perusal, it is evident that the District Revenue Officer has directed the Thasildar to rectify the discrepancies and also effec mutation of patta on such basis. From the above documents, it is also clear that the Thasildar has not taken any action to implement the order passed by the District Revenue Officer. Consequently, the petitioner is entitled to a positive direction as prayed for in the writ petition.
6. Accordingly, W.P.(MD).No.13864 of 2021 is disposed of by directing the third respondent to act in terms of the first respondent's order in proceedings dated 23.06.2016 and 05.01.2021 and carry out the rectification as specified thereunder within a period of two months from the date of receipt of a copy of this order. There will be no order as to costs.
Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Madurai North Taluk, Madurai District.
3. The Thasildar, Madurai North Taluk, Madurai District.
+1 CC to M/s.SPL GP ( SR-26056[F] dated 12/08/2021 ) 10.08.2021 GC (18/08/2021) 3P 5C 3/3