Kasinathan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2025

CORAM:

THE HON'BLE MR. JUSTICE S.SOUNTHAR W.P.(MD).No.16685 of 2025 Kasinathan ... Petitioner Vs.

1. The District Collector Sivagangai District, Sivagangai.

2. The Tahsildar, Office of the Tahsildar, Karaikudi, Sivagangai District.

3. R.Muthuvel ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 & 2 to grant Patta in favour of the petitioner for the land in S.No.153/6 situated at Kelapoongodi Village, karaikudi Taluk, Sivagangai District to make necessary corrections in the UDR.

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For Petitioner : Mr.J.Anandkumar For R1 & R2 : Mr.A.Baskaran Additional Government Pleader

ORDER

The petitioner herein seeks direction to the respondents 1 and 2 to issue patta in his favour, in respect of the property situated in S.No.153/6 at Kelapoongodi Village, karaikudi Taluk, Sivagangai District by making necessary correction in the UDR Records.

2. Heard the learned counsel appearing for the petitioner and Mr.A.Baskaran, learned Government Advocate who takes notice for the respondents 1 and 2.

3. By consent of both the parties, the writ petition is taken up for final disposal at the stage of admission itself.

4. According to the petitioner, the petitioner's father filed a civil suit against the 3rd respondent's father in O.S.No.110 of 2000 for declaration of rights over the entire extent of 10.50 Ares in S.No.153/6 at Kelapoongodi 2/6

Village, karaikudi Taluk, Sivagangai District on the file of the Sub Court, Devakottai. The said suit was decreed in part by declaring the petitioner's title over 13 cents on the northern side of the subject survey numbers. The said findings of the civil suit was confirmed by the Appellate Court in A.S.Nos.96 of 2003 and 145 of 2003, on the file of the District Court, Sivagangai. On the strength of the Civil Court Decree, the petitioner submitted a representation before the Revenue Divisional Officer, Devakottai, seeking deletion of the 3rd respondent's father from the Revenue Records. The said representation has not been considered. Hence, the petitioner has come before this Court.

5. The learned Additional Government Pleader who takes notice for the respondents 1 to 3 would submit that the competent authority to consider the request of the petitioner for correction in UDR Records is District Revenue Officer and if appropriate application is filed before the concerned District Revenue Officer, the same will be considered on its own merits and in accordance with law within the time stipulated by this Court.

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6. In view of the same, without expressing any opinion on the merits of the matter, the petitioner is directed to submit a fresh representation before the competent authority viz., the District Revenue Officer, Sivagangai, within a period of two (2) weeks from the date of receipt of a copy of this order. On receipt of such fresh representation from the petitioner, the said authority shall consider the same in the light of judgment and decree passed in O.S.No.110 of 2000 and A.S.Nos.96 of 2003 and 145 of 2003 and pass final orders on its own merits within a further period of twelve (12) weeks, after issuing notice to the petitioner, 3rd respondent and other legal heirs of Rajendran, if any.

7. The writ petition is disposed of with the above observations. No costs.

20.06.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Collector Sivagangai District, Sivagangai.

2. The Tahsildar, Office of the Tahsildar, Karaikudi, Sivagangai District.

3. The District Revenue Officer, Sivagangai District, Sivagangai.

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S.SOUNTHAR , J.

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