Chithradevi v. The District Revenue Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 16.11.2022
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.18310 of 2022 Chithradevi ..Petitioner Vs 1.The District Revenue Officer, Pudukkottai District, Pudukkottai.
2.The Assistant Commissioner, HR and CE Department, Pudukkottai District.
3.The Tahsildar, Kandarvakkottai Taluk, Pudukkottai District.
..Respondents.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to rectify the error in UDR Patta No.907 pertaining to SF.No. 120 of Kovilore Village, Kandarvakkottai Taluk, Pudukkottai District and to issue patta to the Petitioner based on the registered sale deed dated 10.12.2004 in Document No.2198 of 2004 by considering the Petitioner's representation, dated 5.10.2020.
For Petitioner :Mr.K.Baalasundharam For Respondents:Mr.D.Gandhiraj, 1 and 3 Special Govt.Pleader For Respondent-2:Mr.N.Ramesh Arumugam Government Advocate
ORDER
The Petitioner has filed this Writ Petition seeking issuance of a Writ of Mandamus directing the first respondent to rectify the error in UDR Patta No.907 pertaining to SF.No.120 of Kovilore Village, Kandarvakkottai Taluk, Pudukkottai District and to issue patta to the Petitioner based on the registered sale deed, dated 10.12.2004 in Document No.2198 of 2004 by considering the Petitioner's representation, dated 5.10.2020. 2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The case of the Petitioner is that the prayer mentioned property belongs to one Subbaiya Chettiaryar, measuring an extent of 40 cents, who got the same in partition. The said property after purchase by several persons, the Petitioner has purchased the same by way of Registered sale deed, dated 10.12.20104 from one Karuppayha and constructed a small tiled house bearing D.No.582A and also paid the house tax.The Petitioner has also obtained electricity connection for the same.When the Petitioner take steps to avail loan, the Petitioner came to know that the Petitioner's land falls under S.No.120/1 of the above village.When enquired with the Tahsildar, Kandarvakkottai, the Petitioner's property was classified as ''Tharisu'' in SLR and the same was registered in the name of Trustees of Arimalam Vairavan Chettiyar Annathana Chathiram. When the Petitioner
visited the HR and CE website, it is mentioned as the property of the HR and CE Department and therefore, an application, dated 20.7.2021 was submitted by one Karthick on behalf of the Petitioner to rectify the mistake found in the HR and CE Website to the second respondent/The Assistant Commissioner, HR and CE Department Department, Pudukkottai and on verification, the second respondent informed that it is the property of Vairavan Chettiyar Annathana Chathiram on the basis of the 10(1)Chitta and Adangal of the aforesaid property uploaded in the website of HR and CE Department. Hence the Petitioner preferred an appeal before the District Revenue Officer, Pudukkottai, the first respondent herein on 05.10.2020 and based on the same, the first respondent issued an enquiry notice directing the petitioner to appear for an enquiry on 22.6.
2022 in their office, but without assigning any reason, the enquiry was adjourned and the same was pending till date. Hence, the Petitioner has filed this Writ Petition for the relief stated supra. 4.A perusal of the records would show that the Petitioner was called for an enquiry on 22.6.2022 at 3.00 p.m.The Petitioner had also appeared and explanation was given and inspite of the same, no further enquiry was conducted and the same is pending as on date.
the above said enquiry and pass appropriate orders on merits and in accordance with law, within the time limit specified by this Court. 6.In view of the above submission, this Court, without going into the merits of the matter, directs the first respondent to consider the representation/appeal of the Petitioner, dated 5.10.2020, conduct enquiry based on the enquiry notice, dated 22.6.2022, conclude the same and pass appropriate orders on merits and in accordance with law within a period of sixteen weeks from the date of receipt of a copy of this order. 7.With the above directions, the Writ Petition stands disposed of. No costs.
16.11.2022 Index : Yes/No Internet:Yes/No vsn To 1.The District Revenue Officer, Pudukkottai District, Pudukkottai.
2.The Assistant Commissioner, HR and CE Department, Pudukkottai District.
3.The Tahsildar, Kandarvakkottai Taluk, Pudukkottai District.
V.BHAVANI SUBBAROYAN,J vsn ORDER MADE IN W.P(MD)No.18310 of 2022 16.11.2022