Madras High CourtWP/3564/2023disposed of

Muniamma v. The Sub Collector

2023-02-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR Muniamma .. Petitioner

Versus

1.The Sub Collector Office of the Sub-Collector Hosur - 635 109 Krishnagiri District 2.The Tahsildar Hosur - 635 109 Krishnagiri District 3.Perumalappa 4.Rajappa 5.Billapa 6.Sankarappa 7.Ayyappa 8.Nagalakshmi 9.Sivamma 10.N.Ravikumar 11.Mala 12.M.Venkatappa 13.V.Murali 14.Nagalakshmi .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioners appeal dated 30.12.2022 preferred for cancellation of patta erroneously issued by the 2nd respondent in respect of property bearing S.No. 131/5 situated at Thorappalli Agraharam Village, Hosur Taluk, Krishnagiri 1/4

district in favour of the respondents 3 to 14 as per the circular in Ref. No. K3/ 27160/ 2008 dated 13.03.2018 issued by the office of the Additional Chief Secretary/ Commissioner of land administration, Chennai. For Petitioners : Mr.M.Mohamed Riyaz For Respondents : Mr.P.Sathish Additional Government Pleader

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the 1st respondent to consider the petitioners appeal dated 30.12.2022 preferred for cancellation of patta erroneously issued by the 2nd respondent in respect of property bearing S.No. 131/5 situated at Thorappalli Agraharam Village, Hosur Taluk, Krishnagiri district in favour of the respondents 3 to 14 as per the circular in Ref. No. K3/ 27160/ 2008 dated 13.03.2018 issued by the office of the Additional Chief Secretary/ Commissioner of land administration, Chennai.

2. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2 and perused the materials available on record.

3. The petitioners has preferred appeal on 30.12.2022 seeking to cancel seperate pattas issued by the second respondent in favour of the respondents 3 to 14 on the strength of the documents executed by the third respondent, who 2/4

is the son of the petitioner's elder brother in respect of the entire extent of the subject property, which is pending without consideration. Hence, the petitioner confined prayer by seeking this Court for issuance of direction for the first respondent to conclude the appeal proceedings and pass orders within a reasonable time as fixed by this Hon'ble Court.

4. Considering the limited relief sought for by the petitioner, this Court directs the first respondent to conclude the appeal dated 30.12.2022 filed by the petitioner and pass appropriate order(s) on merits and in accordance with law, after providing reasonable opportunity of hearing to the petitioner as well as the private respondents, within a period of two months from the date of receipt of copy of this order.

5. With the above direction, this writ petition is disposed of. No costs. 08.02.2023 dhk Index:Yes/No Internet: Yes/No N.SATHISH KUMAR, J.

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dhk To 1.The Sub Collector Office of the Sub-Collector Hosur - 635 109 Krishnagiri District 2.The Tahsildar Hosur - 635 109 Krishnagiri District W.P.No.3564 of 2023 08.02.2023 4/4