Anbarasan.T v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH T.Anbarasan ... Petitioner vs.

1.The District Revenue Officer, District Collector Office, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur.

3.The Tahsildar, Taluk Office, Thanjavur District.

4.Sakthivel 5.Karuppaian 6.Meenambal 7.P.Ramasamy 8.D.Mani 9.Rajangam 10.Sivalingam 11.C.Saivaraj ... Respondents (R4 to R11 were impleaded vide order of this Court dated 15.11.2023 n W.M.P.(MD)No.1334 of 2022) 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 24.12.2014 and to rectify the errors occurred in UDR patta by removing the names of third parties and to issue patta in favour of the petitioner and other family members regarding the properties comprised Survey Nos.21/15, 27/1, 2, 3, 5, 38/2, 10 and 127/8 situated in Neelagiri Therkkuthottam village, Thanjavur Taluk and Thanjavur District within a period stipulated by this Court. For Petitioner :Mr.P.Sesubalan Raja For R1 to R4 :Mr.A.K.Manikkam Special Government Pleader For R4 to R11 :No appearance *****

O R D E R

This Writ Petition has been filed for the issue of Writ of Mandamus directing the official respondents to consider the representation made by the petitioner on 24.12.2014, wherein, the petitioner is seeking for rectification of the error that had crept in the UDR patta and to remove the names of third parties and to issue fresh patta in favour of the petitioner and family members with respect to the subject property. 2/5

2.When the matter was taken up for hearing, the learned Special Government Pleader produced the written instructions received from the third respondent.

3.On going through the same, it is seen that the third respondent has already made enquiry on the representation made by the petitioner. Insofar as the rectification of the mistake in UDR, the power and jurisdiction is vested only with the first respondent and therefore, the third respondent can always place the report before the first respondent and the first respondent can independently deal with the issue and take a decision and convey the same to the petitioner. 4.In view of the above, there shall be a direction to the first respondent to deal with the representation made by the petitioner after hearing all the interested parties and pass orders within a period of eight weeks from the date of receipt of a copy of this order. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and a copy of this order. 3/5

5.This Writ Petition is disposed of with the above directions. No costs.

Index :Yes / No 15.11.2023 Internet :Yes / No NCC :Yes / No cmr To 1.The District Revenue Officer, District Collector Office, Thanjavur.

2.The Revenue Divisional Officer, Thanjavur.

3.The Tahsildar, Taluk Office, Thanjavur District.

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N.ANAND VENKATESH, J.

cmr 15.11.2023 5/5