Thangapapa.N v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2023 C O R A M THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH N.Thangapapa ... Petitioner -vs1.The Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

3.R.Mahindranmani 4.R.Nagamani 5.The District Revenue Officer, Dindigul District.

... Respondents [R3 and R4 are impleaded vide order dated 21.12.2021, made in W.M.P.(MD)No.17257 of 2021and R5 is suo motu impleaded vide order of this Court, dated 15.11.2023] PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the official respondents to include the petitioner's name from the joint Patta No.1410 with regard to property in 1/5

Survey No.1219, situated at Ayyalur Village, Vedasandur Taluk, Dindigul District, based on the petitioner's representation dated 28.09.2021. For Petitioner :

Mr.G.Gomathi Sankar For R1, R2 and R5:

Mr.A.K.Manikkam Special Government Pleader For R3 :

Mr.T.Vadivelan For R4 :

Mr.D.Vijay

ORDER

The District Revenue Officer, Dindigul District, is suo motu impleaded as fifth respondent in this Writ Petition. Mr.A.K.Manikkam, learned Special Government Pleader takes notice on behalf of the newly impleaded fifth respondent.

2. This Writ Petition was filed for issuance of Writ of Mandamus, directing the official respondents to include the name of the petitioner in the Patta granted in favour of the respondents 3 and 4 in Patta No.1410, by considering the representation made by the petitioner in this regard on 28.09.2021.

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3. When the matter was taken up for hearing today, the learned Special Government Pleader appearing on behalf of the respondents 1, 2 and 5 submitted that the name of Rajamanickam Pillai, who is none other than the father of the respondents 3 and 4, was included during the UDR scheme. Upon his demise, the names of the respondents 3 and 4 have been entered in the revenue records. Therefore, it was contended that the correction has to be made by the District Revenue Officer, Dindigul District and only thereafter, the second respondent can include the name of the petitioner also in the Patta.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Special Government Pleader appearing on behalf of the respondents 1, 2 and 5, liberty is granted to the petitioner to make a fresh representation before the newly impleaded fifth respondent, seeking for the correction in the mistake that has crept in during the UDR scheme. On receipt of the representation, the fifth respondent shall issue notice to the respondents 3 and 4 and shall conduct an enquiry and pass orders within a period of three months from the date of receipt of representation from the petitioner. Depending upon the final order to be 3/5

passed by the fifth respondent, the inclusion of the name of the petitioner in the Patta will be considered by the second respondent.

5. This Writ Petition is disposed of in the above terms. No costs. NCC : Yes/No 15.11.2023 Index : Yes/No SMN2 To 1.The Revenue Divisional Officer, Palani, Dindigul District.

2.The Tahsildar, Vedasandur Taluk Office, Vedasandur, Dindigul District.

3.The District Revenue Officer, Dindigul District.

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N.ANAND VENKATESH, J.

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