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Madras High CourtWP/270/2020disposed of

M.Suresh Babu v. The District Collector

2021-09-23Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN W.P.No.270 of 2020 M. Suresh Babu ...Petitioner Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Hosur Taluk, Krishnagiri District.

3. The Revenue Divisional Officer, Hosur Taluk. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3, particularly the 2nd and 3rd respondents to issue patta in favour of the petitioner for the property situated at Chennathur Village of Hosur, Krishnagiri District attached to the Registration District, Hosur Sub Registration District, Hosur Taluk, and also attached to the Municipal limits of Hosur Survey Number.783/1A, Dry Extent 068.5 and Survey No.783/3, Dry Extent Hectare 080.5 in total extent of Hectare 1.49.0 in this measuring to an extent of Ac.0.50 Cents on the basis of the petitioner's representation dated 31.10.2019. For Petitioner : Mr.K.Krishna For Respondents : Mr.V.Veluchamy Government Advocate.

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, the respondents 1 to 3, particularly the 2nd and 3rd respondents to issue patta in favour of the petitioner for the property situated at Chennathur Village of Hosur, Krishnagiri District attached to the Registration District, Hosur Sub Registration District, Hosur Taluk, and also attached to the Municipal limits of Hosur Survey Number.783/1A, Dry Extent 068.5 and Survey No.783/3, Dry Extent Hectare 080.5 in total extent of Hectare 1.49.0 in this measuring to an extent of Ac.0.50 Cents on the basis of the petitioner's representation dated 31.10.2019.

2. The case of the petitioner is that he purchased a land by way of registered a Gift Settlement Deed vide Doc.No.4141 of 2017 dated 22.05.2017 on the file of Sub Registrar Office, Hosur for a valid consideration of Rs.72,66,666/- (Rupees Seventy Two Lakhs and Sixty Six Thousand and Six Hundred and Sixty Six only) attached to the Municipal Limits of Hosur in S.Nos.783/1A, Dry Ext.068.5 and Survey No.783/3, Dry Ext.Hec.080.5 in extent of Hec.1.49.0 in this measuring an extent of Ac.0.50 cents and he is in possession and enjoyment of the subject property by paying all Government taxes and other charges. Pursuant to the registration of Gift Settlement Deed, he gave an application to the Village Administrative Officer for issuing Patta in his favour, even after several reminders the authority did not consider his application.

Thereafter, he made a representation dated 01.06.2017 to the second respondent through E-Seva service and another representation dated 23.03.2019 by RPAD for issuing patta, but, till date, no action has been taken by the respondent officials on the petitioner's representation dated 31.10.2019. Hence this petition.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents 2 and 3 to consider the petitioner's representation dated 31.10.2019 and dispose of the same within a stipulated time that may be framed by this Court. 4.Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's

representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents 2 and 3 to consider the petitioner's representation dated 02.03.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner as well as necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msm To 1.The District Collector, Krishnagiri District, Krishnagiri.

2. The Tahsildar, Hosur Taluk, Krishnagiri District.

3. The Revenue Divisional Officer, Hosur Taluk.

+1cc to Mr.K.Krishna, Advocate Sr.49661 W.P.No.270 of 2020 sj[co] srg 17/11/2021