Muthappa S/O. Muthaiya v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 31.01.2019

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.2872 of 2019 Muthappa Petitioner Vs

1. The District Collector,

2. The District Revenue Officer,

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

4. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

5. Kenchappa Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to remove the name of the fifth respondent in Patta No.1463 for S.No.90/2 to an extent of 2.37 acres of land at Arthakal, Thaggati, Denkanikottai Taluk, Krishnagiri District by considering the petitioner's representation dated 26.10.2018.

For Petitioner : Mr.R.Jeyaprakash For Respondent : Mr.N.Inbanathan (R1 to R4) Additional Government Pleader

O R D E R

By consent, this Writ Petition is taken up and disposed of at the stage of admission itself.

2.The petitioner has come up with this Writ Petition seeking a direction to the respondents 1 to 4 to remove the name of the fifth respondent in Patta No.1463 for S.No.90/2 to an extent of 2.37 acres of land at Arthakal, Thaggati, Denkanikottai Taluk, Krishnagiri District by considering the petitioner's representation dated 26.10.2018.

3. According to the learned counsel for the petitioner, the petitioner submitted a representation dated 26.10.2018 to the respondents 1 to 4, seeking to remove the name of the fifth respondent in Patta No.1463 for S.No.90/2 to an extent of 2.37 acres of land at Arthakal, Thaggati, Denkanikottai Taluk, Krishnagiri District, as his name was wrongly included in the aforesaid patta. As no orders have been passed on the said representation till date, the petitioner has come forward with this Writ Petition seeking for the aforesaid relief.

4. Heard Mr.N.Inbanathan, learned Additional Government Pleader who takes notice on behalf of the respondents.

5. Considering the facts and circumstances of the case and having regard to the submissions made, without going into the merits of the case, this Court directs the third respondent to consider and pass orders on the representation of the petitioner dated 26.10.2018 on merits and in accordance with law, after issuing notice to the petitioner, the fifth respondent and also affording due opportunity of hearing to them as well as any of the interested parties, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition stands disposed of. No costs.

s/d- Assistant Registrar(CS VI) True Copy Sub-Assistant Registrar arr To

1. The District Collector,

2. The District Revenue Officer,

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

4. The Tahsildar, Denkanikottai Taluk, Krishnagiri District.

+1 CC to Mr.R.Jeyaprakash, Advocate sr 8590. +1 CC to The Govt. Pleader sr 8774.

W.P.No.2872 of 2019 SR(CO) SP(20/02/2019