K.Balamurugan v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN K.Balamurugan ... Petitioner Vs 1.The Tahsildar, Taluk Office, Tirunelveli.

2.Urudamada Thevar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to grant patta in the petitioner's name which is relating to Punja land in Survey No.502 admeasuring 14 cents out of 4A 14C situated at Kanarpatti Village, Tirunelveli Taluk, Tirunelveli District, by correcting the patta No.181 granted in favour of the second respondent and based on the petitioner's representation dated 24.06.2013.

For Petitioner : Mr.T.Selvan For Respondents : Mr.S.RA.Ramachandran Additional Government Pleader for R.1 1/4

No Appearance for R.2

ORDER

Heard the learned counsel on either side.

2. The second respondent is no more. It is however not necessary to impleade his legal heirs in view of the nature of disposal that is proposed to be given.

3. The petitioner purchased 14 cents of land from one Narayanan. The said Narayanan had also sold 1 acre and 93 cents in favour of Karuppasamy. When the petitioner approached the Tahsildar, Tirunelveli for issuance of patta, it was not considered. The situation arose because the second respondent had purchased 2 acres and 21 cents from one Kalimuthu Thevar. But as per record, Kalimuthu Thevar had only entitled two acres. It was during UDR, the extent was altered as 2 acres and 21 cents.

4. The firm stand of the petitioner is that the second respondent could have purchased only 2 acres and not 2 acres and 21 cents. From a reading of the materials on record, I conclude that an error had taken place during UDR. 2/4

UDR error can be corrected only by the District Revenue Officer. This correction can be done at any point of time. There is no question of limitation. The petitioner is therefore permitted to file a revision before the District Revenue Officer, Tirunelveli. In the said revision petition, the petitioner will array all the interested persons as respondents. After the receipt of the same, final order on merits and in accordance with law shall be passed by the District Revenue Officer, Tirunelveli within a period of twelve weeks thereafter.

5. This writ petition is disposed of accordingly. There shall be no order as to costs.

24.08.2023 Index : Yes / No Internet : Yes / No NCC : Yes / No MGA To The Tahsildar, Taluk Office, Tirunelveli.

Copy to:

The District Revenue Officer, Tirunelveli.

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G.R.SWAMINATHAN, J.

MGA 24.08.2023 4/4