Lokanadhan v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2022

CORAM

THE HONOURABLE Mrs. JUSTICE V.BHAVANI SUBBAROYAN Writ Petition (MD) No.26351 of 2022 Lokanadhan, S/o.Kanthan .. Petitioner

Versus

The District Revenue Officer, Trichy District, Trichy.

.. Respondent Prayer:-Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent to correct the UDR Patta and issue joint Patta in respect of survey numbers in S.F.Nos. 251/8A, 251/8B and 251/8C situated at Karumalai Village, Marungapuri Taluk, Trichy District, as per the 1963 Settlement Register and on the basis of petitioner's representation dated 08.09.2022, within a time frame to be fixed by this Court.

For Petitioner :

Mr.T.Vadivelan For Respondent :

Mr.A.Kannan Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the respondent to correct the UDR Patta and issue joint Patta in respect of survey numbers in S.F.Nos.251/8A, 251/8B and 251/8C, situated at 1/4

Karumalai Village, Marungapuri Taluk, Trichy District, as per the 1963 Settlement Register and on the basis of his representation, dated 08.09.2022, within a time frame.

2. Heard Mr.T.Vadivelan, learned counsel appearing for the petitioner and Mr.A.Kannan, learned Additional Government Pleader, who takes notice for the respondent. By consent of the learned counsel appearing for the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3. According to the learned counsel for the petitioner, as per 1963 Settlement Register, the property bearing S.No.251/8, measuring an extent of 77 cents originally belonged to one M.Muthaiya, who is the grandfather of the petitioner herein. After his demise, his sons namely, Manickam and Kanthan, who is the father of the petitioner herein, inherited the said property and no partition is made in respect of the said property between them so far. While so, in the UDR Scheme, the said land was divided into three survey numbers in S.F.No.251/8A, measuring an extent of 0.18.00 Hectare of land in the name of Manickam; in S.F.No.251/8B, measuring an extent of 0.02.00 Hectare of land in names of Manickam and Kandan; and in S.F.No.251/8C, measuring an extent of 0.11.00 Hectare of land in the name Kanthan, instead of Manickam 2/4

and Kanthan. In order to rectify the said error, the petitioner submitted an application dated 08.09.2022, to the respondent. Since the same has not been considered so far, the petitioner has filed the present Writ Petition for the relief stated supra.

4. The learned Additional Government Pleader appearing for the respondent submitted that the application of the petitioner, dated 08.09.2022, would be considered and appropriate order would be passed, within a time frame to be fixed by this Court.

5. Recording the submission made by the learned Additional Government Pleader appearing for the respondent, this Court, without going into the merits of the case, directs the respondent to consider the application of the petitioner, dated 08.09.2022, and pass appropriate orders on merits and in accordance with law, within a period of twenty weeks from the date of receipt of a copy of this order.

6. This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 22.11.2022 To The District Revenue Officer, Trichy District, Trichy.

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V.BHAVANI SUBBAROYAN, J.

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