Chellappan R Vs The District Collector

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose the petitioner's representation dated 24.11.2022 in connection with the enquiry proceedings in Na.Ka.D3/1014254/2023 in respect of the property comprised in Old Survey No.505/1B, New Survey No.505/8 situated at Seemanur Village, Thirumayam Revenue Village and Pudukkottai District in accordance

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with law and by affording an opportunity to the fourth respondent and other interested parties within the time stipulated by this Court.

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For Petitioner : Mr.P.Ramnath For R1 to R3 : Mr.S.Kameswaran Government Advocate

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O R D E R

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This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose of the petitioner’s representation dated 24.11.2022, in connection with the enquiry proceedings in Na.Ka.D3/1014254/2023, in respect of the property comprised in Old Survey No.505/1B, New Survey No.505/8, situated at Seemanur Village, Thirumayam Revenue Village, Pudukkottai District, in accordance with law and by affording an opportunity of hearing to the fourth respondent and other interested parties, within the time stipulated by this Court.

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With the consent of the learned counsel for the petitioner and the learned Government Advocate for the first to third respondents, this Writ Petition is taken up for final disposal at the admission stage itself,

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dispensing with the notice to the fourth respondent, as no adverse orders are proposed to be passed against him.

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The case of the petitioner is that the subject property belongs to the petitioner and his family members and that they have been in joint possession and enjoyment of the same. During the UDR survey in respect of the said land, the UDR patta was wrongly issued in favour of one Karuppaiah, S/o. Nalla Thambi Udayar, on 28.12.1984 vide UDR Patta No.582, despite the demise of the said Karuppaiah on 29.11.1983. The petitioner submitted a representation dated 24.11.2022 seeking correction of the erroneous entry made during the UDR period and issuance of patta in their favour. On receipt of the said representation, the second respondent issued notice to the petitioner and the fourth respondent. Though the petitioner appeared in person and submitted all relevant documents on 13.12.2023, no orders have been passed by the second respondent till date. Therefore, the petitioner was constrained to file the present Writ Petition.

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The learned Government Advocate appearing for the first to third respondents would submit that the petitioner's representation would be

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disposed of by the second respondent on merits and in accordance with law, within a period of eight weeks.

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Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the second respondent to dispose of the petitioner's representation dated 24.11.2022 on its merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The representation shall be disposed of after conducting an enquiry. The second respondent is also directed to provide reasonable opportunity during such enquiry to the petitioner, the fourth respondent and any others who may be affected by such decision. There shall be no order as to costs.

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[K.SURENDER, J.] 07.01.2026

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JEN Index : Yes / No Internet : Yes / No Neutral Citation : Yes / No

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To

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