V.Marimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD) No.20851 of 2017 V.Marimuthu ... Petitioner -vs1. The District Collector,

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The Revenue Divisional Officer,

4. The Tahsildar, Aathur Taluk, ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 and 3 to consider the petitioner's representation dated 25.07.2017 and forthwith to correct the U.D.R in petitioner's mother name V.Muthupetchiammal and to survey petitioner land by fixing the boundary and to issue patta for petitioner land situated in Kalikkampatti revenue village, Chinnalapatti Sub D, Athur Taluk, Dindigul District in Survey No.231/6 to an extent of 1 Acre 281⁄2 cents.

For Petitioner : Mr.P.Sathiyamoorthy For Respondents : Mr.J.Gunaseelan Muthaiah Govt. Advocate ******

O R D E R

This writ petition has been filed, seeking to direct the respondents 2 and 3 to consider the petitioner's representation dated 25.07.2017 and to forthwith correct the U.D.R in the petitioner's mother name V.Muthupetchiammal and to survey the petitioner's land by fixing the boundary and to issue patta to the

petitioner in respect of the land situated in Kalikkampatti revenue village, Chinnalapatti Sub D, Athur Taluk, Dindigul District in Survey No.231/6 to an extent of 1 Acre 281⁄2 cents.

2. Mr.J.Gunaseelan Muthiah, learned Government Advocate takes notice for the respondents. By consent, the writ petition is taken up for final disposal at the stage of admission itself.

3. The case of the petitioner is that the name of his mother has been wrongly entered in the UDR patta as Kathammal instead of V.Muthupetchiammal and therefore, he sent a representation dated 25.07.2017 to the respondents 2 & 3 to carry out necessary correction in the said patta. Since the said representation has not been considered so far, the petitioner is before this Court with the above prayer.

4. The learned Government Advocate appearing for the respondents would submit that if a reasonable time is granted to the respondents 2 & 3, the representation of the petitioner will be considered and suitable orders be passed thereon in a time bound manner.

5. In view of the above submission and also taking into account the limited scope of the relief sought for by the petitioner, this Court, without expressing any opinion on the merits of the matters, directs the respondents, especially respondents 2 & 3 to consider the representation of the petitioner dated 25.07.2017 and pass necessary orders regarding inadvertent mistake on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any of the interested parties.

6. With the above direction, this petition is disposed of. No costs.

Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar To:

1. The District Collector,

2. The District Revenue Officer, Dindigul District, Dindigul.

3. The Revenue Divisional Officer,

4. The Tahsildar, Aathur Taluk, + 1 cc TO Mr.C.M.Ganesan , Advocate in SR No. 86748 + 1 cc TO The Special Government Pleader in SR No. 87027 ar AE/SV MMS/SAR1/22.11.2017/3P/7C W.P(MD) No.20851 of 2017 13.11.2017