C.Krishnan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.458 of 2022 C.Krishnan

...Petitioner

Vs

1. The District Revenue Officer, Collectorate, Krishnagiri.

2. A/m.Thimmara Swamy Temple, Haleseebam Represent by its Inspector, Having office at O/o. Hindu Religious and Charitable Endowment Office, Therpettai, Hosur, Krishnagiri District.

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to cancel the patta issued in favour of 2nd Respondent in Patta No.52 for the land in S.No.699/1, Ayarnapalli Village, Soolagiri Taluk, Krishnagiri District and consequently to enter the name of petitioner's grandfather, Munusamy based on the petition dated 17.11.2021. For Petitioner : Mr.S.C.Vishwanth For Respondents: Mr.P.Balathandayutham Special Government Pleader (for R1) : Mr.T.Chezhiyan Additional Government Pleader (HR &CE) (for R2)

ORDER

This writ petition is filed to issue a Writ of Mandamus, to direct the first respondent to enter the name of petitioner's grandfather, Munusamy based on the petition dated 17.11.202 in respect of Patta No.52 for the land comprised in S.No.699/1, situated at Ayarnapalli Village, Soolagiri Taluk, Krishnagiri District.

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2. The petitioner is challenging the patta issued in favour of the second respondent in Patta No.52 for the land comprised in S.No.699/1, situated at Ayarnapalli Village, Soolagiri Taluk, Krishnagiri District before the first respondent. As per the provisions under Section 12 of the Tamil Nadu Patta Pass Book Act, the petitioner ought to have submitted an Appeal before the concerned Revenue Divisional Officer challenging issaunce of patta.

3. Considering the above facts and circumstances of the case, the petitioner is directed to submit an appeal before the concerned Revenue Divisional Officer challenging the patta issued in favour of the second respondent herein, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the concerned Revenue Divisional Officer is directed to conduct enquiry on the appeal, after issuance of notice to the petitioner and the second respondent and after giving an opportunity of hearing to them, pass orders on merits and in accordance with law, within a period of twelve weeks thereafter.

4. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar kv To The District Revenue Officer, Collectorate, Krishnagiri.

+1cc to the Government Pleader, S.R.No.3502 W.P.No.458 of 2022 SRA(CO) RGA(28/01/2022) https://hcservices.ecourts.gov.in/hcservices/