P.Periyasamy v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA P.Periyasamy .. Petitioner Vs.
1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Tahsildar, Kallikudi Taluk, Madurai District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd Respondent to rectify the mistakes in UDR Survey in respect of Survey Nos.77/7A, 77/7B and 77/7C of Iluppaikulam Village, Kallikudi Taluk, Madurai District within the time limit that may be stipulated by this Court by considering the representation sent by the petitioner dated 18.07.2024.
For Petitioner :
Mr.P.Suresh Kumar For Respondents :
Mr.P.Thambidurai Government Advocate
ORDER
Aggrieved by the mistakes that have crept in during the UDR survey, the petitioner has moved this Court seeking a mandamus to the second respondent to rectify the mistakes by considering his representation dated 18.07.2024.
2. The petitioner would submit that an extent of 86 cents on the western side, out of the total extent of 1.29 acres in S.No.77/7 at Iluppaikulam Village, Kallikudi Taluk, Madurai District, was purchased by the petitioner's grandfather Periyasamy Thevar from one Ramasamy Reddiar under a registered sale deed dated 15.06.1964. After his demise, the property was inherited by his sons Periyasamy (petitioner's father), Rakkammal, Avudaiyammal and Niraikulam. It appears that during the UDR survey, the land in S.No.77/7 was subdivided as S.Nos.77/7A,
77/7B and 77/7C and revenue records stood mutated in the names of Subbaiah, Alagar and Gurusamy Thevar respectively. They are the sons of Thiruvettai Thevar, who is the neighbouring owner and who had purchased the northern 43 cents in S.No.77/7. The UDR survey has not been done taking into consideration the persons who are in possession. The mistake had come to the knowledge of the petitioner only now and therefore, he has sent a representation to the second respondent to effect necessary corrections. To date, no action has been taken by the second respondent. Therefore, the present writ petition.
3. Heard Mr.P.Suresh Kumar, learned counsel for the petitioner and Mr.P.Thambi Durai, learned Government Advocate for the respondents.
4. Taking into account the fact that there is an error crept in during the UDR survey, the second respondent is directed to consider the petitioner's representation dated 18.07.2024 and pass orders thereon within a period of eight weeks from the date of receipt of a copy of this order, after hearing all interested parties and following due process of
law, as the petitioner has not impleaded the said Subbaiah, Alagar and Gurusamy Thevar or their legal representatives in this Writ Petition.
5. With the above direction, this Writ Petition is allowed. No costs.
05.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Madurai District, Madurai.
2.The District Revenue Officer, Madurai District, Madurai.
3.The Tahsildar, Kallikudi Taluk, Madurai District.
P.T.ASHA, J.
abr Dated: 05.08.2024