K.Haridoss v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.09.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA K.Haridoss .. Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Tahsildar, Thanjavur District, Thanjavur.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 2nd respondent to conduct enquiry on the basis of the petitioner's representation, dated 18.08.2024 to carry out the corrections made in UDR settlement register in respect of Survey Numbers 67/9, 67/11, 67/12, 67/13, 67/15, 66/3, 73/B2, 73/B5 of Pillaiyarpatti Village, Thanjavur Taluk, Thanjavur District within the time limit fixed by this Court.

For Petitioner :

Mr.M.Sankar For Respondents :

Mr.D.S.Nedunchezian Government Advocate

ORDER

Seeking an early hearing of his representation, dated 18.08.2024 to carry out corrections in the UDR settlement register in respect of Survey Numbers 67/9, 67/11, 67/12, 67/13, 67/15, 66/3, 73/B2, 73/B5 of Pillaiyarpatti Village, Thanjavur Taluk, Thanjavur District, the petitioner is before this Court.

2. The petitioner would submit that the aforesaid properties are belonging to his maternal grand-mother, namely Jayalakshmi and the old chitta and adangal contain only the name of the said Jayalakshmi. While so, correcting the UDR settlement register, the names of persons unconnected with the property had been included. It appears that they have got their names included by influencing the revenue officials. Immediately coming to know about the same, the petitioner's mother, namely Padmavathy had made representation to the 2nd respondent on 04.06.2024 requesting the rectification of the records. The 2nd respondent

thereafter directed the 3rd respondent to conduct field investigation and submit a report. However, to date, the 3rd respondent had not conducted any field investigation as directed. Meanwhile, the petitioner's mother also passed away on 26.06.2024. Since there was no action on the representation of his mother, the petitioner had submitted a detailed representation on 18.08.2024 seeking a direction to the 2nd respondent to conduct an enquiry. However, the same was also not been responded to. Therefore, the petitioner is before this Court.

3. The petitioner's claim is found to be true, third party interest have crept into the property on account of the negligence of the revenue officials. A representation has been made even as early as on 04.06.2024, however, the 2nd respondent after calling for report from the 3rd respondent, has not thereafter followed up the same. Therefore, there shall be a mandamus to the respondents to consider the representation of the petitioner, dated 18.08.2024 and pass orders within a period of four

(4) months from the date of receipt of copy of this order.

4. With the above direction, this Writ Petition stands allowed. No costs.

13.09.2024 NCC : Yes/No Index : Yes/No Internet : Yes gbg To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

3.The Tahsildar, Thanjavur District, Thanjavur.

P.T.ASHA, J.

gbg 13.09.2024