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Madras High CourtWP(MD)/11572/2014disposed of

A. Jesuraj v. The District Collector

2021-04-16Honourable Mr Justice N. Anand Venkatesh3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.04.2021 CORAM :

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH A.Jesuraj

...Petitioner

Vs.

1. The District Collector, District Collector Campus, Dindigul District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul District.

3. The Tahsildar (West), Office of the Tahsildar (West), Dindigul District.

4. Sebastiammal

5. Rosali Irudaya Mary

6. Periyanayagam

7. The District Revenue Officer, Dindigul.

... Respondents (Respondent Nos.4 to 6 are impleaded by this Court vide order dated 16.04.2021 in M.P.(MD).No.1 of 2014) Respondent No.7 is suo motu impleaded as seventh respondent in this Writ Petition by this Court vide order dated 16.04.2021) Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to conduct the detailed enquiry pursuant to the petitioner's representation dated 12.06.2014 in respect of the petitioner's land to an extent of 67 cents situated at A.Vellodu Village, Dindigul District, bearing Survey Nos.383/1 and 382/2 and cancel the patta, which are made in favour of the third parties insofar as the petitioner's land is concerned to an extent of 67 cents after affording all sort of reasonable opportunity to both parties within the time stipulated by this Court.

For Petitioner : Mr.V.R.Venkatesan For R-1 to R-3 & R-7 : Mr.P.Mahendran Additional Government Pleader 1/3

ORDER

The District Revenue officer, Dindigul, is suo motu added as the seventh respondent in this Writ Petition. Mr.P.Mahendran, learned Additional Government Pleader takes notice for the newly added seventh respondent.

2. This Writ Petition has been filed for the issue of a Writ of Mandamus directing the official respondents to consider the representation made by the petitioner on 12.06.2014, wherein, the petitioner has sought for the cancellation of the patta issued in the name of the impleaded respondents 4 to 6.

3. The case of the petitioner is that during the UDR Scheme, the names of the respondents 4 to 6 have been wrongly included in the revenue records. Aggrieved by the same, the petitioner made a representation to the respondents to conduct an enquiry and remove the name of the respondents 4 to 6 and restore the revenue records to its original position. Since the same was not acted upon, the present Writ Petition has been filed before this Court seeking for appropriate directions.

4. When the matter came up for admission on 16.07.2014, this Court directed the learned counsel appearing for the petitioner to implead the necessary parties and accordingly, the impleading petition was filed and the same was allowed by this Court and necessary parties have been added as respondents 4 to 6 in this Writ Petition. Since the petitioner is seeking for correction in the UDR Patta, the concerned Authority, namely, the District Revenue Officer, has also been suo motu impleaded as the seventh respondent in this Writ Petition.

5. Heard Mr.V.R.Venkatesan, learned counsel appearing for the petitioner and Mr.P.Mahendran, learned Additional Government Pleader appearing for the respondents 1 to 3 and 7.

6. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the petitioner to make a fresh representation to the seventh respondent along with all the relevant documents and also a copy of this order, within a period of four (4) weeks from the date of receipt of a copy of this order. The seventh respondent on receipt of the representation, shall conduct an enquiry by giving an opportunity to the petitioner and the respondents 4 to 6 and shall take a decision, strictly in accordance with law, within a period of twelve (12) weeks thereafter. 2/3

7. The Writ Petition stands disposed of with the above directions. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) tsg To

1. The District Collector, District Collector Campus, Dindigul District.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Dindigul.

3. The Tahsildar (West), Office of the Tahsildar (West), Dindigul Dist.

4. The District Revenue Officer, Dindigul.

+1 CC to M/s.SPL GP ( SR-16324[F] dated 17/04/2021 ) NOTE:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. Order made in Dated:

16.04.2021 CN(06.05.2021) 3P 6C 3/3