Thiruppathi v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P(MD)Nos.14026 of 2020 & 969 of 2021 Thiruppathi ... Petitioner Vs.

1.The District Revenue Officer, Collectorate Campus, Virudhunagar, Virudhunagar District.

2.The Revenue Divisional Officer, Virudhunagar, Virudhunagar District.

3.The Tahsildar, Taluk Office, Virudhunagar, Virudhunagar District.

4.Selvam ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records 1/4

pertaining to the impugned order of Pa.Mu.A3/1808/2016 dated 19.10.2020 passed by the second respondent and quash the same. For Petitioner : Mr.R.Murugappan For Respondents : Mr.M.Lingadurai Special Government Pleader for R.1 to R.3 Mr.Jeyakarthik for Mr.M.Jegadeesan for R.4

ORDER

Heard both sides.

2.The case of the fourth respondent is that an error took place during UDR and that it has to be rectified. The fourth respondent lodged a petition before the Revenue Divisional Officer, Virudhunagar. It is well settled that the Revenue Divisional Officer is not the competent authority to correct UDR errors. It is only the jurisdictional District Revenue Officer who can do it. The Revenue Divisional Officer conducted enquiry and submitted report before the District Revenue Officer. The District Revenue Officer is yet to decide. At this stage, the petitioner has come before this Court questioning the report submitted by the Revenue 2/4

Divisional Officer. The RDO report is only recommendatory in character. It is the District Revenue Officer who must take the call. As rightly pointed out by the learned Special Government Pleader that it is more an inter-departmental communication. Therefore, the question of entertaining challenge at this stage does not arise at all. 3.The petitioner and the fourth respondent will appear before the first respondent on 19.02.2024 at 03.00 p.m. The District Revenue Officer, Virudhunagar shall pass final order after hearing both the parties and after going through the record within eight weeks thereafter. Leaving open the contentions of both the parties and directing the District Revenue Officer, Virudhunagar / first respondent to pass final order, this writ petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. 12.01.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA 3/4

G.R.SWAMINATHAN, J.

MGA To 1.The District Revenue Officer, Collectorate Campus, Virudhunagar, Virudhunagar District.

2.The Revenue Divisional Officer, Virudhunagar, Virudhunagar District.

3.The Tahsildar, Taluk Office, Virudhunagar, Virudhunagar District.

and W.M.P(MD)Nos.14026 of 2020 & 969 of 2021 12.01.2024 4/4