Selvi v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Selvi .. Petitioner Vs.

1. The District Revenue Officer, Krishnagiri District.

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

3. The Tahsildar, Denkanikottai Taluk,Krishnagiri District.

4. Murugan Age 36, S/o.Subramani, No.365 A, Mukalcent, Jai Nagar, Hosur Taluk, Krishnagiri District.

(R4 is suo moto impleaded vide order dated 14.11.2022 by this Court) ..Respondents Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the 3rd respondent to conduct enquiry after issuing notice to all parties concerned and pass orders on the petition dated 11.2.2019 submitted by the petitioner to the 1st respondent and forwarded to him by the 1st respondent with respect the lands measuring 0.57.0 hectares comprised in S. No.679/3, 0.88.5 hectares in S. No. 680 and 0.45.0 hectares comprised in S.No. 696, Jekkeri Village, Denkanikottah Taluk, Krishnagiri District as directed by the 1st respondent in his letter dated 26.2.2019 within the time that may be fixed by this Honourable Court.

For Petitioner : Mr.P.Mani For Respondents : Mr.U.Bharanidharan RR1 to 3 Addl. Government Pleader Mr.R.Subramanian For R4

O R D E R

The present petition has been filed seeking a direction to the 3rd respondent to conduct an enquiry on the petition of the petitioner dated 11.2.2019 for issuance of patta in her favour petitioner as directed by the 1st respondent within the time that may be fixed by this Honourable Court.

2. Though plea is made for filing impleading petition on behalf of the subsequent purchaser, viz., Murugan, to give a quietus to the issue, this Court, suo motu, impleads Murugan, S/o Subramani, No.365 A, Mukalcent, Jai Nagar, Hosur Taluk, Krishnagiri District. as 4th respondent in this writ petition. 2.1 It is the case of the petitioner that the lands measuring 0.57.0 hectares comprised in S.No.679/3, 0.88.5 hectares in S.No.680 and 0.45.0 hectares in S.No.696, Jekkeri Village, Denkanikottai Taluk, Krishnagiri District is the ancestral property of the petitioner and the petitioner and his family members are in possession and enjoyment of the property. On the

basis of fraudulent documents, patta with respect to the said lands has been transferred to one Lakshmamma and Gopal. Though, the petitioner made several representations to the first respondent to issue patta in her favour on 01.10.2018, 12.11.2018, 30.11.2018 and 11.02.2018 and the same was transferred to the third respondent. However, till date, the said representation was not considered and hence, the present writ petition has been filed before this Court.

3. Learned counsel for the petitioner submitted that this Court may issue a direction to the third respondent to consider the petitioner's representation and pass appropriate orders on merits and in accordance with law within the stipulated time as fixed by this Court.

4. Heard both sides and perused the materials available on record.

5. Considering the facts and circumstances of the case and in view of the limited request made by the learned counsel for the petitioner, this Court directs the 3rd respondent to consider the petitioners representation dated 11.02.2019 and pass appropriate orders after providing opportunity to the

petitioner as well as the counter parties, within a period of twelve weeks from the date of receipt of a copy of this order.

6.

With the above directions, the Writ Petition is disposed of. No costs.

14.11.2022 rli Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No

To

1. The District Revenue Officer, Krishnagiri District.

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

3. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

M.DHANDAPANI,J.

rli 14.11.2022