Renee Rayen v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2020
CORAM
THE HON'BLE MR.JUSTICE S.VAIDYANATHAN Renee Rayen
...Petitioner
-Vs1.The District Collector, Thoothukudi, Thoothukudi District.
2.The District Revenue Officer, Thoothukudi, Thoothukudi District.
3.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
4.The Tahsildar, Tiruchendur, Thoothukudi District.
...Respondents
Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the second respondent to pass order on the petition dated 10.09.2019 seeking to correct the mistake in the Revenue updating register (UDR) entry and grant patta for the property in S.No.186 measuring 46 cents in Veerapandiay Pattinam Village, Tiruchendur Taluk, Thoothukudi District.
For Petitioner : Mr.RJ.Karthick For Respondents : Mr.M.Muniyasamy, Additional Government Pleader.
ORDER
This Writ Petition has been filed, seeking a direction to the second respondent to pass order on the petition dated 10.09.2019 seeking to correct the mistake in the Revenue updating register (UDR) entry and grant patta for the property in S.No.186 measuring 46 cents in Veerapandiay Pattinam Village, Tiruchendur Taluk, Thoothukudi District.
2.By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. 1/3
3.Mr.M.Muniyasamy, learned Additional Government Pleader accepts notice on behalf of the respondents.
4.According to the petitioner, she is in possession and enjoyment of the property in S.No.186, measuring 46 cents in Veerapandiay Pattinam Village, Tiruchendur Taluk, Thoothukudi District. While so, she came to know that the said property was erroneously mutated in the name of third party, namely, Fransico Fernando and her family members. Hence, she has presented a petition dated 02.03.2018 to the Hon'ble Chief Minister Special Cell and the respondents 1 and 2 herein. The fourth respondent, by his proceedings dated 23.03.2018, has communicated that the record after UDR corrections is not available in his office and the said property was subdivided and stands in the name of third party and directed the petitioner to get 'A' Register before UDR and to present a petition to the second respondent.
Therefore, the petitioner has presented a petition dated 10.09.2019 before the second respondent. Since the second respondent is the competent authority to correct the wrong entry in UDR, he has not chosen to consider the same. Hence, the petitioner has approached this Court seeking aforesaid prayer.
5.Today (18.11.2020), when the matter is taken up for admission, it is represented by the learned counsel appearing for the petitioner that the petitioner has already made a representation against the grievance and the same is pending before the District Revenue Officer, namely, second respondent in Application No.23956 of 2019. Therefore, the second respondent is expected to decide the matter, within a period of 120 days from the date of receipt of a copy of this order.
6.Accordingly, this Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) Myr 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. 2/3
To 1.The District Collector, Thoothukudi, Thoothukudi District.
2.The District Revenue Officer, Thoothukudi, Thoothukudi District.
3.The Revenue Divisional Officer, Tiruchendur, Thoothukudi District.
4.The Tahsildar, Tiruchendur, Thoothukudi District.
+1 CC to SGP ( SR-22172[F] dated 19/11/2020 ) Order made in 18.11.2020 PU(CO) NR (02/12/2020) 3P : 6C 3/3