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Madras High CourtWP/1703/2022disposed of

A.Krishnappa v. The Distirct Collector Of Krishnagiri

2022-02-02Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.1703 of 2022 and W.M.P.Nos.1845 and 1847 of 2022

1. A. Krishnappa

2. A. Chandrappa

...Petitioners

Vs 1.The District Collector of Krishnagiri, Collectorate, Krishnagiri.

2.The District Revenue Officer, O/o. The District Revenue Office, Collectorate, Krishnagiri.

3.The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District.

4.The Block Development Officer, Hosur, Krishnagiri District.

5.K.Murugesa Reddy

...Respondents

Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the third respondent herein to consider the petitioners' representation dated 24.01.2022 and forbear the third respondent herein from surveying and measuring the lands comprised in Survey No.797, situated at Nallur Village, Hosur Taluk, Krishnagiri District, without notice to the petitioners.

For Petitioners : Mr.R.Agilesh For Respondents : Mr.V.Jeevagiridharan Additional Government Pleader (for R1 to R3) : Mr.Rajkumar Government Advocate (for R4)

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the third respondent herein to consider the petitioners' representation dated 24.01.2022 and forbear the third respondent herein from surveying and measuring the lands comprised in Survey No.797, situated at Nallur Village, Hosur Taluk, Krishnagiri District, without notice to the petitioners.

2. The petitioners are challenging the issuance of Patta in favour of the fifth respondent before the respondents 1 and 2 herein. However, the respondents 1 and 2 are not competent authorities to consider the cancellation of patta and the concerned Revenue Divisional Officer is the competent authority to consider the petitioners representation.

3. Considering the above facts and circumstances of the case, the petitioners are directed to submit a fresh appeal to cancel the issuance of Patta in favour of the fifth respondent before the concerned Revenue Divisional Officer. On receipt of the same, the concerned Revenue Divisional Officer is directed to conduct enquiry, after issuance of notice to the petitioners, the fifth respondent and counter parties, if any 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. Consequently, the connected Miscellaneous Petitions are closed. No costs.

Sd/- Assistant Registrar (CCC) //True Copy// Sub Assistant Registrar

kv To

1. The District Collector of Krishnagiri, Collectorate, Krishnagiri.

2. The District Revenue Officer, O/o. The District Revenue Office, Collectorate, Krishnagiri.

3. The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District.

4. The Block Development Officer, Hosur, Krishnagiri District.

5. The Revenue Divisional Officer, Krishnagiri.

+1cc to Mr.T.Dhanasekaran, Advocate SR. No.6518 +1cc to Government Pleader SR. No.7364 W.P.No.1703 of 2022 MT (CO) PR (08/03/2022)