Madras High CourtWP(MD)/15147/2016disposed of

S.Anand, S/O. Seenivasan, v. The Commissioner Of Land

2016-10-05Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:05.10.2016

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN Writ Petition(MD)No.15147 of 2016 S.Anand ... Petitioner Vs.

1.The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The Settlement Officer(Lands), Karaikudi, Sivagangai District.

3.The Tahsildar, Karaikudi, Sivagangai District.

4.K.Muthaiah 5.Periyaiah 6.Alagu 7.S.Vellaichamy 8.M.Subbaiah 9.A.Muthaiah ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 2 and 3 to conduct proper enquiry and cancel the patta No.888 and issue a separate patta in the name of the petitioner's father Rakkan for the property situated in Survey No.241/1 sub-divided as Survey Nos.241/1A and 241/1C to the extent of 51 cents of Ariyakudi Village, Karaikudi, Sivavangai District, on the basis of the petitioner's representation, dated 18.06.2016, within a time limit fixed by this Court.

For Petitioner : Mr.D.Selvanayagam for M/s.P.Kaalaiyarasi Bharathi For R-1 to R-3 : Mr.J.Gunaseelan Muthaiah, Government Advocate For R-4 to R-8 : Mr.Al.Kannan For R-9 :No Appearance

ORDER

The petitioner has filed this Writ Petition seeking a direction, directing the respondents 2 and 3 to conduct proper enquiry to cancel the patta No.888 and to issue a separate patta in the name of the petitioner's father Rakkan in respect of the property situated in Survey No.241/1 sub-divided as Survey Nos.241/1A and 241/1C measuring to an extent of 51 cents of Ariyakudi Village, Karaikudi, Sivavangai District, on the basis of the petitioner's representation, dated 18.06.2016, within a stipulated time.

2. The petitioner is said to have filed an application before the first respondent on 18.06.2016 for correction of UDR Patta and to issue patta in his name. Since no order has been passed till date, the petitioner has filed this Writ Petition.

3. When the matter is taken up for hearing today, the learned counsel for the petitioner submits that the competent Authority to make corrections in the U.D.R patta, is only the District Revenue Officer, Sivagangai and hence, he seeks liberty to make an application before the District Revenue Officer, Sivagangai.

4. Taking into consideration that only the District Revenue Officer, Sivagangai, is the competent Authority to carry out corrections in the U.D.R patta, the application before the first respondent is not maintainable. Hence, the petitioner cannot maintain this Writ Petition.

5. In the result, this Writ Petition is closed. However, liberty is given to the petitioner to approach the concerned Authority to redress his grievance. No Costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar pm To 1.The Commissioner of Land Administration, Chepauk, Chennai - 600 005.

2.The Settlement Officer(Lands), Karaikudi, Sivagangai District.

3.The Tahsildar, Karaikudi, Sivagangai District.

+1CC to Mr.AL.Kannan, Advocate Sr.No.59245 +1CC to Mr.P.Kalaiyarasi Bharathi, Advocate Sr.No.60354 +1CC to Spl.Government Pleader Sr.No.59376 GJM/SK/SKN/21.10.16-3p-7C W.P(MD)No.15147 of 2016 05.10.2016