M.Veerasamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA M.Veerasamy .. Petitioner Vs.

1.The District Revenue Officer, Office of the District Collector, Theni, Theni District.

2.S.Muthukannan 3.S.Saravanakumar 4.S.Mayilan 5.S.Arum .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the first respondent herein to pass final orders in the UDR Corrections in respect of Survey No.60/8, Vallalnathi Village, Aundipatty Taluk, Theni District, pursuant to the report of the Revenue Divisional Officer, Periyakulam dated 23.07.2024, within a reasonable time as may be fixed by this Court. For Petitioner :

Mr.K.Appadurai

For Respondents :

Mr.B.Saravanan Additional Government Pleader

ORDER

A mandamus is sought against the first respondent for passing final orders in the report submitted by the Revenue Divisional Officer, Periyakulam for correcting the UDR patta in respect of Survey No.60/8, Vallalnathi Village, Aundipatty Taluk, Theni District.

2. The petitioner would submit that the property comprised in S.No.60/8 measuring an extent of 0.40 Hectares in Vallalnathi Village belonged to his grandmother Vanathai, wife of Sannasi. The land was classified as "ryotwari punja" and was originally allotted Pimash No. 222/3, which correlates with Patta No.697, measuring 0.99 Cents. The petitioner would submit that prior to the UDR proceedings, revenue records stood in the name of his grandmother. Thereafter, the revenue record stood in the name of one Senthuran, son of Mayilan, who had no title to the property. The said Senthuran had executed settlement deeds in favour of respondents 2 to 5 and they have obtained separate pattas by

document dated 13.11.2020. The petitioner would submit that despite the documents produced by him and there being categoric finding that respondents 2 to 5 have not produced the documents of title, the revenue records stood in the name of Senthuran after the UDR proceedings. The first respondent in this regard, had sought for a report from the Revenue Divisional Officer. The Revenue Divisional Officer has also forwarded his report dated 23.07.2024. However, the first respondent was not passing final orders on the said subject, though the representation has been given on 23.07.2024. Therefore, the petitioner has come before this Court.

3. Though the first respondent has received the report of the Revenue Divisional Officer dated 23.07.2024, he has not proceeded to pass orders on the same for UDR correction. Therefore, a mandamus is issued to the first respondent to pass orders on the report dated 23.07.2024 submitted by the Revenue Divisional Officer, Periyakulam, within a period of two weeks from the date of receipt of a copy of this order.

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

03.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To The District Revenue Officer, Office of the District Collector, Theni, Theni District.

P.T.ASHA, J.

abr Dated: 03.10.2024