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Madras High CourtWP/821/2019disposed of

R.Syed Aslam v. The Commissioner Of

2019-02-18Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2019

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.821 of 2019 R.Syed Aslam ... Petitioner Vs.

1.The Commissioner of Land Administration, Government of Tamil Nadu, 2.The Commissioner, Department of Land Survey and Settlement, 3.The District Collector, District Collector Office, Krishnagiri, Krishnagiri District.

4.The District Revenue Officer, District Collector Office, Krishnagiri - 635 115, Krishnagiri District.

5.The Revenue Divisional Officer, Revenue Divisional Office, Hosur - 635 109, Krishnagiri District.

6.The Tahsildar, Taluk Office, Shoolagiri -635 117, Krishnagiri District.

...Respondents

Writ petition filed under Article 226 of the constitution of India to issue a Writ of Mandamus, directing the respondents 1, 3 to 6 herein to grant Patta in the name of the petitioner and his brothers in respect of the lands of an extent of 6.08.0 Hectares comprised in Survey No.355 of Marudhandapalli Village, Hosur Taluk, Krishnagiri District, pursuant to the proceedings of 2nd respondent issued in Na.Ka.No.12/7300/11 dated 07.09.2011, within the time to be stipulated by this Court.

For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.I.Sathish, Additional Government Pleader

O R D E R

The petitioner seeks for a Mandamus, to direct the respondents 1, 3 to 6 herein to grant Patta in the name of the petitioner and his brothers in respect of the lands of an extent of 6.08.0 Hectares comprised in Survey No.355 of Marudhandapalli Village, Hosur Taluk, Krishnagiri District, pursuant to the proceedings of 2nd respondent issued in Na.Ka.No.12/7300/11 dated 07.09.2011, within the time to be stipulated by this Court.

2. Heard both sides.

3. It is seen that the petitioner has sought for grant of Patta in favour of himself and his brothers in respect of the subject matter land. He has also sent a representation dated 25.09.2018 to the respondents to that effect. The grievance of the petitioner is that the said representation has not been considered so far.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 6th respondent to consider and decide. Therefore, without expressing any view on the merits of the matter, this Writ Petition is disposed of, only by directing the 6th respondent to consider the said representation of the petitioner and pass orders on the same on its own merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the rival claimants, if any, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar gsi/vsi To 1.The Commissioner of Land Administration, Government of Tamil Nadu,

2.The Commissioner, Department of Land Survey and Settlement, 3.The District Collector, District Collector Office, Krishnagiri, Krishnagiri District.

4.The District Revenue Officer, District Collector Office, Krishnagiri - 635 115, Krishnagiri District.

5.The Revenue Divisional Officer, Revenue Divisional Office, Hosur - 635 109, Krishnagiri District.

6.The Tahsildar, Taluk Office, Shoolagiri -635 117, Krishnagiri District.

+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.14736 +1cc to the Government Pleader, S.R.No.15554 W.P.No.821 of 2019 KS(CO) rrs 14/03/2019