Balakrishna Reddiar v. District Collector Tirunelveli
2014-09-16
T.S.SIVAGNANAM
body2014
DigiLaw.ai
Judgment The petitioner seeks for issuance of writ of mandamus directing the second respondent to consider his representation dated 25.10.2013 and also directing the 2nd respondent to rectify the error occurred in UDR Scheme and to reclassify the petitioner lands in Survey No.1369/1 measuring 4.16.0 hectare and lands in survey No.1370/2A1 measuring the extent of 2.87.0 hectare. 2. The petitioner submits that the lands in question belongs to him by virtue of a registered family partition deed dated 10.07.1953 vide document No.1116 of 1953 on the file of the Sub-Registrar, Radhapuram, Tirunelveli District. However, during the implementation of the UDR survey, the lands have been classified as “Assessed Dry Waste”. This according to the petitioner is illegal. The petitioner would also state that in respect of the one of the properties, he has obtained a mortgage in the Valliyoor Co-operative Land Development Bank and the loan was discharged and Discharge Certificate was also granted, which will fortify the petitioner's stand and thus, according to the petitioner, the land has not been classified as “Assessed Dry Waste.” 3. The second respondent is directed to consider the petitioner's representation dated 25.10.2013, by conducting an enquiry, after issuing notice to the petitioner and pass orders on merits in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 4. With the above observation, the writ petition is disposed of. No costs.