B.Basavaraj, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2019

CORAM

THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P. No.872 of 2019 and W.M.P.No. 971 of 2019 B.Basavaraj

...Petitioner

Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

2.The District Revenue Officer, Krishnagiri District, Krishnagiri.

3.The Revenue Divisional Officer, Hosur, Krishnagiri District, 4.The Tahsildar, Shoolagiri Taluk, Krishnagiri District 5.Bakiyalakshmi .. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records pertaining to the proceedings of the 3rd Respondent in Na.Ka.No.3373/2018/B3 dated 13.12.2018 and quash the same as illegal, incompetent and ultravires. For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.M.Jothikumar, Additional Government Pleader for R1 to R4 Mr.V.R.Bharathkumar for R5

O R D E R

The Writ Petition has been filed challenging the proceedings Na. Ka. No. 3373/2018/B3 dated 13.12.2018 passed by the Third Respondent.

2.

The Fourth Respondent has filed Counter Affidavit dated 26.04.2019 contending that an appeal in A.S. No. 20 of 2018 is pending before the Subordinate Judge, Hosur in respect of the rival claims of the parties to the land, which is the subject matter of this Writ Petition. It is further informed that the proceedings impugned in the Writ Petition is only a notice for the enquiry and in view of the pendency of the aforesaid litigation between the parties, it not possible to conduct further enquiry in that aforesaid proceedings. It is also explained that the said notice for the enquiry had been issued without the knowledge of the pendency of the aforesaid legal proceedings. The aforesaid submissions made on behalf of the Fourth Respondent, is recorded. In view of the same, nothing remains for further consideration in the matter. 3.

Accordingly, the Writ Petition stands disposed recording the aforesaid subsequent developments. Consequently, connected Miscellaneous Petition is closed. No costs. -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar rkp To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The District Revenue Officer, Krishnagiri District, Krishnagiri.

3.The Revenue Divisional Officer, Hosur, Krishnagiri District.

4.The Tahsildar, Shoolagiri Taluk, Krishnagiri District.

5. The Subordinate Judge Hosur.

+1 CC to Mr.R.Jayaprakash, Advocate sr 66377. +1 CC to Govt. Pleader sr 66307 +1 CC to Mr.R.Bharath Kumar, advocate sr 66169. W.P. No.872 of 2019 KK(CO) SP(04/09/2019)