Madras High Court
S.M.J.Kather Maitheen vs The District Collector on 1 July, 2015
Author: R.Mahadevan
Bench: R.Mahadevan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.07.2015 CORAM THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.10963 of 2015 S.M.J.Kather Maitheen ... Petitioner Vs. 1.The District Collector, Tirunelveli District, Tirunelveli. 2.The District Revenue Officer, Tirunelveli District, Tirunelveli. 3.The Tahsildar, Ambasamuthiram Taluk, Tirunelveli District. ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the second respondent to carry out necessary corrections in the revenue records pertaining to Survey No.356/27 of Kesavasamuthiram Village, Pathamadai Town Panchayat of Tirunelveli District as Patta land of the petitioner instead of public pathway by considering the representation of the petitioner dated 19.12.2014. !For Petitioner : Mr.C.M.Arumugam For Respondents: Mr.S.Chandrasekar, Government Advocate :ORDER
This writ petition has been filed for a Writ of Mandamus directing the second respondent to carry out necessary corrections in the revenue records pertaining to Survey No.356/27 of Kesavasamuthiram Village, Pathamadai Town Panchayat of Tirunelveli District as Patta land of the petitioner instead of public pathway by considering the representation of the petitioner dated 19.12.2014, within a time frame.
2.With regard to the wrong entries made in the UDR records, the petitioner has made a representation datred 19.12.2014 and the same has not been considered so far. Hence this writ petition.
3.The learned counsel for the petitioner has brought to the notice of this Court about the letter dated 24.12.2013 in Na.Ka.No.142/2013 issued by the Executive Officer of the Pathamadai Town Panchayat to the Tahsildar, Ambasamudram, confirming the claim of the petitioner that the pathway in question does not belong to the Government. Thereafter, the District Revenue Officer, Tirunelveli District, by communication dated 14.01.2015 in Oo.Mu.Ka.2/53691/2014, directed the Sub-Collector, Cheranmahadevi, confirming the same.
4.Heard the learned counsel for the petitioner and also the learned Government Advocate, who took notice on behalf of the respondents.
5.Considering the facts and circumstances of the case, the writ petition is disposed of directing the respondents 2 and 3 to consider the representation of the petitioner 19.12.2014 in the light of the communications issued by the Executive Officer of the Pathamadai Town Panchayat and also the District Revenue Officer, Tirunelveli District, stated supra, and necessary corrections in the UDR records be made, after affording opportunity to the petitioner, within a period of six weeks from the date of receipt of a copy of this order. No costs.
To
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The District Revenue Officer, Tirunelveli District, Tirunelveli.
3.The Tahsildar, Ambasamuthiram Taluk, Tirunelveli District.