Madras High Court
D.Deiva Kumar vs The District Collector on 7 September, 2022
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.23942 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No. 23942 of 2022
D.Deiva Kumar ... Petitioner
Vs.
1.The District Collector,
Dharmapuri District.
2.The District Revenue Officer,
Dharmapuri District.
3.The Assistant Director,
Office of the Survey and Land Records,
Dharmapuri District.
4.The Tahsildar,
Nallampalli District,
Dharmapuri District.
5.The Village Administrative Officer,
Thadangam Village,
Dharmapuri District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to
issue a Writ of Mandamus directing the third respondent to carry out the
UDR corrections based on the proceedings of the fourth respondent in
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.23942 of 2022
Na.Ka.879/2021/E1 dated 16.04.2021 of petitioner's land in Survey
No.454/2A situated at Thadangam Village, Nallampalli Taluk, Dharmapuri
District.
For petitioner : Mr.K.Thangapandi
For Respondents : Mr.P.Sathish
Additional Government Advocate
ORDER
The petitioner has filed this petition seeking direction to the third respondent to carry out the UDR corrections based on the proceedings of the fourth respondent in Na.Ka.879/2021/E1 dated 16.04.2021 of petitioner's land in Survey No.454/2A situated at Thadangam Village, Nallampalli Taluk, Dharmapuri District.
2. Mr.P.Sathish, learned Additional Government Pleader takes notice for the respondents. In view of the limited relief sought for in this petition and on the consent expressed by the learned counsel appearing on either side, this petition is taken up for final disposal.
3. The case of the petitioner is that the petitioner is the owner of the 2/7 https://www.mhc.tn.gov.in/judis W.P.No.23942 of 2022 property comprised in S.No.454/2A measuring an extent of 0.22.0 Hec, situated at Thadangam village, Nallampalli Taluk, Dharmapuri District. However, during UDR Scheme some errors were crept in. The enries of land in S.No.s454/2A and 454/2B were made as 0.03.0 Hec and 0.22.0 Hec instead of actual measurements of 0.22.0 Hec and 0.03.0 Hec respectively. For rectification of the said error, petitioner made a representation before the fourth respondent. The fourth respondent after conducting enquiry, recommended the third respondent by communication dated 16.04.2021. However, till date no action has been taken by the third respondent on the representation made by the petitioner. Hence, the present Writ Petition has been filed by the petitioner.
4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the third respondent to consider the fourth respondent communication dated 16.04.2021 within the time frame that may be fixed by this Court.
5. The learned Additional Government Advocate appearing for the 3/7 https://www.mhc.tn.gov.in/judis W.P.No.23942 of 2022 respondents submits that the petitioner has to file an appropriate application before the competent authority to carry out necessary corrections. Petitioner without approaching the concerned authority, filing this writ petition is not maintainable.
6. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case, inclined to grant liberty to the petitioner to file appropriate application before the concerned authority for rectification of UDR error within a period of two weeks from the date of receipt of copy of this order. If such an application is filed, concerned authority may pass appropriate orders as early as possible.
7. Accordingly, this writ petition is disposed of with the aforesaid direction. No costs.
07.09.2022 Index : Yes / No Internet : Yes / No 4/7 https://www.mhc.tn.gov.in/judis W.P.No.23942 of 2022 Speaking Order/Non-Speaking Order tri To
1.The District Collector, Dharmapuri District.
2.The District Revenue Officer, Dharmapuri District.
3.The Assistant Director, Office of the Survey and Land Records, Dharmapuri District.
4.The Tahsildar, Nallampalli District, Dharmapuri District.
5.The Village Administrative Officer, Thadangam Village, Dharmapuri District.
5/7 https://www.mhc.tn.gov.in/judis W.P.No.23942 of 2022 M.DHANDAPANI,J.
tri W.P.No.23942 of 2022 6/7 https://www.mhc.tn.gov.in/judis W.P.No.23942 of 2022 07.09.2022 7/7 https://www.mhc.tn.gov.in/judis