D.Murugesan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2017
CORAM:
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.6027/2017
1. D. Murugesan
2. D. Shanmugam ..Petitioners Vs 1.The District Collector Krishnagiri District 2.The District Revenue Officer Krishnagiri, Krishnagiri District 3.The Thasildar Pochampalli Taluk, Krishnagiri, Krishnagiri District 4.The Village Administrative Officer Palaeth Thottam Post Pochampalli Taluk, Krishnagiri District 5.The Sub Registrar Pochampalli Pochampalli Taluk, Krishnagiri District ..
Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 1 to 4 not to change the Revenue Records in favour of any claimants in respect of S.Nos.172/2, 166/1, 166/2, 167 extent of 1.48.5 Hects. situated at Palaeth Thottam Post, Pochampalli Taluk, Krishnagiri District without following the due process of law.
For Petitioners :
Mr. M. Elango For Respondents :
Mr. S.N. Parthasarathy Government Advocate
ORDER
By consent, the writ petition is taken up for final disposal. Mr.S.N.Parthasarathy, the learned Government Advocate accepts notice on behalf of the respondents.
It is a claim of the petitioners that the lands in Survey Nos.172/2, 166/1&2 and 167, situate at Palaeth Thottam Post, Pochampalli Taluk, Krishnagiri District, belong to them by way of partition. The 1st petitioner and his mother Mrs. Vinoja, sisters Poongudi and Palaniammal and his brother Shanmugam are in possession and thereafter his two sisters released their rights in the said property through a registered Sale Deed bearing Doc.No.3060/2016 dated 02.11.2016 registered on the file of Sub Registrar, Pochampalli.
The grievance expressed by the petitioners is that some miscreants are trying to fabricate the documents and are taking steps for change of patta in their names in respect of the said property in question and in this regard, the petitioners have also submitted a representation to the 1st respondent, who vide Memo dated 07.02.2017 in Oo.Mu.2673/17/J1 has directed the 3rd respondent to conduct an enquiry and give response to the petitioner and also send a report to them and in spite of receipt and acknowledgment, the 3rd respondent is yet to take any action and therefore, the petitioners came forward to file the present writ petition. Heard the submissions of the learned counsel for the petitioner and Mr.S.N.Parthasarathy, learned Government Advocate for the respondents.
Though the petitioners have prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioners, directs the 3rd respondent to act on the communication of the 1st respondent dated 07.02.2017 in Oo.Mu.2673/17/J1 and after putting the concerned person/s on notice, shall pass orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioners as well as to the person/s concerned.
The writ petition stands disposed of with the above direction. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar AP To 1.The District Collector Krishnagiri District.
2.The District Revenue Officer Krishnagiri, Krishnagiri District.
3.The Thasildar Pochampalli Taluk, Krishnagiri, Krishnagiri District.
4.The Village Administrative Officer Palaeth Thottam Post Pochampalli Taluk, Krishnagiri District.
5.The Sub Registrar Pochampalli Pochampalli Taluk, Krishnagiri District.
+1cc to Mr.Elango*, Advocate, S.R.No.15793 +1cc to the Government Pleader, S.R.No.15924 mg(CO) md(22/03/2017) W.P.No.6027/2017