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Madras High CourtWP(MD)/29730/2024disposed of

U.Saraswathy v. The District Revenue Officer

2024-12-10Honourable Mrs Justice N. Mala5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM

THE HON'BLE MRS.JUSTICE N.MALA W.P(MD)No.29730 of 2024 U.Saraswathy, ... Petitioner Vs.

1. The District Revenue Officer, Dindigul District,Dindigul.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Palani Taluk, Dindigul District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st and 2nd respondents to consider the petitioners representation dated 15.10.2024 and complete the enquiry within the stipulated period and give separate patta in favour of the petitioner for the survey No. 49/3, Pachalanaickenpatti Village, Palani Taluk, Dindigul District. For Petitioner : Mr.T.Ramasamy For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This Writ Petition is filed for issuance of writ of mandamus directing the respondents 1 and 2 to consider the petitioner's 1/5

representation dated 15.10.2024 and complete the enquiry within the stipulated period and give separate patta in favour of the petitioner for Survey No. 49/3, Pachalanaickenpatti Village, Palani Taluk, Dindigul District.

2. The petitioner purchased the agricultural lands in S.No. 49/3, Pachalanaickenpatti Village, Palani Taluk, Dindigul District under a registered sale deed dated 05.10.1998. Ever since the purchase, the petitioner was in peaceful possession and enjoyment of the properties without any hindrance from any persons. While so, when the petitioner tried to obtain agricultural loan, by approaching the bank, the petitioner was directed by the bank officials to produce all the relevant records for the subject property. The petitioner on enquiry was shocked and surprised to know that patta for her lands stood in the name of one Chinnammal and Uchappa Chettiyar. The said Uchappa Chettiyar is the petitioner's husband. According to the petitioner, the name of Chinnammal was included along with her husband, Uchappa Chettiyar erroneously. The petitioner on further enquiry was 2/5

given to understand that the name of Chinnammal was wrongly included in the UDR patta and therefore, the petitioner approached the first respondent to cancel the UDR patta. Though the petitioner submitted several representations, the first respondent did not initiate any action. Therefore, the petitioner sent a representation through registered post on 25.10.2024 praying for cancellation of UDR patta. As even thereafter no action is taken, the petitioner filed the above writ petition for the aforesaid relief.

3.

The learned Additional Government Pleader on instructions submits that the petitioner's representation was taken on file by the first respondent and vide the proceedings dated 09.12.2024, the first respondent directed the Tahsildar, Palani to conduct a detailed enquiry and submit a report to him for further action on the petitioner's representation dated 15.10.2024.

4. In view of the fact that action has already been initiated on the petitioner's representation dated 15.10.2024, I am inclined to 3/5

issue a direction to the first respondent to complete the proceedings by following the time line given in the Circular dated 17.07.2023, of the Commissioner, Land Administration, Chennai and pass orders on merits and in accodance with law.

5. With the aforesaid directions, the Writ Petition stands disposed of. No costs.

10.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No CM To,

1. The District Revenue Officer, Dindigul District,Dindigul.

2. The Revenue Divisional Officer, O/o. Revenue Divisional Office, Palani Taluk,Dindigul District..

.

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N.MALA ,J.

CM W.P(MD)No.29730 of 2024 10.12.2024 5/5