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Madras High CourtWP(MD)/21682/2025disposed of

Dr.V.K.Marimuthu v. The District Revenue Officer,

2025-08-08Honourable Mr Justice S. Sounthar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Dr.V.K.Marimuthu ... Petitioner Vs.

The District Revenue Officer, Theni District, Theni.

... Respondent Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the first respondent to rectify the mistake committed during UDR scheme in respect of wrong entry of survey numbers in respect of the property in Survey Nos.1281/3, 1278/2 and 1261/1, situated at Bodinayakanur Village& Taluk, Theni District, by considering the representation given by the petitioner dated 04.04.2025 within a time period as may be stipulated by this Court. For Petitioner : Mr.K.Jeyamohan For Respondent : Mr.D.S.Nedunchezian Government Advocate

ORDER

The petitioner herein seeks a direction to the first respondent to rectify the mistake in the UDR entry in respect of the property situated in Survey Nos.1281/3, 1278/2 and 1261/1, Bodinayakanur Village, Theni District, by considering his representation dated 04.04.2025. 2.Heard the arguments of Mr.K.Jeyamohan, learned counsel appearing for the petitioner and Mr.D.S.Nedunchezian, learned Government Advocate appearing for the respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.According to the petitioner, the subject property was bequeathed to the petitioner by his paternal uncle, Kalimuthu, under a Will dated 13.03.2005. The petitioner filed a suit for declaration and recovery of possession in respect of the subject property in O.S.No.148 of 2012, on the file of the Sub Court, Theni and the same was dismissed. However, the appeal filed by the petitioner in A.S.No.17 of 2014, before the Principal District Court, Theni, was allowed and the relief of declaration

and recovery of possession granted in favour of the petitioner. The said judgment and decree were confirmed by this Court in S.A(MD) No.359 of 2015. Now, SLP preferred by the aggrieved party is said to have been pending without any interim order. In the mean time, the petitioner filed a execution petition in E.P.No.23 of 2020 and got possession of the property thorough Court on 18.12.2023. At the time of execution, it came to the knowledge of the petitioner that there are defective entry in the UDR records with regard to the subject property. Therefore, the petitioner submitted a representation dated 04.04.2025, seeking rectification of the UDR entry pertains to the subject property by granting survey number. The petitioner also enclosed supporting documents along with the representation. The same has not been considered. Hence, the petitioner has come before this Court. 4.The learned Government Advocate appearing for the respondent would submit that the representation of the petitioner will be considered in accordance with law.

5.In view of the same, without expressing any opinion on the merits of the matter, the respondent is directed to consider the representation of the petitioner dated 04.04.2025 and pass final orders on its own merits within a period of twelve weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner and other interested parties. Accordingly, this Writ Petition is disposed of. No costs.

08.08.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To The District Revenue Officer, Theni District, Theni.

S.SOUNTHAR ,J cp W.P.(MD)No.21682 of 2025 Dated: 08.08.2025