Balakrishnan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.08.2024
CORAM:
THE HONOURABLE MS.JUSTICE P.T.ASHA Balakrishnan .. Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli, Tirunelveli District.
3.The Sub Collector, Sub Collector Office, Cheranmahadevi, Tirunelveli District.
4.The Tahsildar, Taluk Office, Ambasamudram, Tirunelveli District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to rectify the mistake made in UDR on the basis of petitioner's
representation dated 20.05.2024 within the time to be stipulated by this Court.
For Petitioner :
Mr.P.Banu Prasath For Respondents :
Mr.B.Saravanan Additional Government Pleader
ORDER
The petitioner seeks a direction in the form of a mandamus to the respondent to rectify the mistake made in the UDR on the basis of his representation dated 20.05.2024.
2. The petitioner, who is a retired Army Personnel would submit that his grandfather Ramasamy Konar was in absolute possession and enjoyment of the land situate in S.No.882/11, Idaikal Village, Ambasamudram Taluk, Tirunelveli District, which he had purchased under a registered sale deed dated 23.08.1908.
3. The petitioner would submit that during the UDR scheme, the property has been wrongly registered in the name of the Government. Immediately on coming to know about the same, the petitioner has given
a representation to the second respondent to rectify the mistake. The second respondent has, in turn, forwarded the representation to the third respondent for taking effective steps. However, to date, no steps have been taken in this regard. However, the third respondent has forwarded the representation to the fourth respondent to take action. The petitioner would submit that the fourth respondent has not even conducted an enquiry. In these circumstances, the petitioner has made a detailed representation to the first respondent to take action. Since no steps have been taken, the petitioner is before this Court.
4. Admittedly, the petitioner's grandfather appears to have purchased this property as early as in the year 1908 under a registered deed. Representations have been made by the petitioner, who has retired from military service to which no action in the form of an enquiry has taken place. The representations have been made by the petitioner right from the year 2020 and for four years, no action has been taken in this regard. This Writ Petition is therefore allowed, directing the respondents to consider the representation of the petitioner dated 20.05.2024, afford
an opportunity of personal hearing to the petitioner, consider his documents and pass a speaking order within a period of six weeks from the date of receipt of a copy of this order. No costs. 20.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli, Tirunelveli District.
3.The Sub Collector, Sub Collector Office, Cheranmahadevi, Tirunelveli District.
4.The Tahsildar, Taluk Office, Ambasamudram, Tirunelveli District.
P.T.ASHA, J.
abr Dated: 20.08.2024