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Madras High CourtWP/21410/2021disposed of

R.Lakshmanan v. The District Collector

2021-10-05Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.10.2021

CORAM:

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.21410 OF 2021 R.Lakshmanan

...Petitioner

Versus

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur, Krishnagiri.

3. The Tahsildar, Soolagiri Taluk, ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 2nd respondent to conduct enquiry and dispose of the appeal/ representation dated 09.01.2002 and 07.11.2020 regarding petitioner's objection on the grant of patta issued in respect of his land in Survey No.76/4 of an extent of 1.50 Acres situated at Soolagiri Village, Hosur Taluk, Krishnagiri District. For Petitioner : Mr.D.Baskar For Respondents : Mr.V.Veluchamy Government Advocate

ORDER

This writ petition has been filed for issuance of a Writ of Mandamus, to direct the respondents to conduct enquiry and dispose of the appeal/representation dated 09.01.2002 and 07.11.2020 regarding petitioner's objection on the grant of patta issued in respect of his land in Survey No.76/4 of an

extent of 1.50 Acres situated at Soolagiri Village, Hosur Taluk,

2. According to the petitioner, the petitioner is in possession of the above said property for more than 50 years and it is a Government Poramboke land and he is in possession without any hindrance from any person and his possession has been admitted by the respondents and B-memo has been issued and he has been paid necessary taxes payable to the respondents. In the year 1991, as there was threat to his possession from the respondents in respect of 0.60 acres in the above survey number and subsequently, he has filed the suit in O.S.No.178 of 1991 before the District Munsif Court, Hosur, for permanent injunction and ex-parte decree was passed on 16.03.1994.

In the meanwhile, the respondents had issued the Patta nearly to 22 persons in respect of adjacent survey numbers who were never in possession and they are not resident of Shoolagiri Village. Moreover, in respect of land in Survey No.76/4 no one has been granted patta and no one in possession except the petitioner. In 2002, the respondents visited the property and started for making marks on the land. Therefore, he made a representation dated 09.01.2002 to the respondents requesting them to cancel the Patta already issued nearly to 22 persons. Subsequently, the 2nd respondent/RDO sent a communication dated 06.02.2002 in Na.Ka.286/2002/B3 to the petitioner called upon him to appear for the enquiry on 18.02.2002 along with supportive documents.

While that being the case, the petitioner had appeared enquiry and presented all the relevant documents before the respondents to pass appropriate orders based on the enquiry, but, till date, no order has been passed. After completion of enquiry, the petitioner was enjoying the aforesaid property and he was under the bonafide impression, the 2nd respondent is convinced about the claim of the petitioner. However, in the first week of November, 2020, the Revenue Officials were again visited the property along with the records in hand and tried to take possession of the above said land. As already stated, civil court decree is in his favour and he is in possession and enjoyment of the property.

While so, without passing any orders on the petitioner's claim, the respondents have no right to interfere with his possession and enjoyment of the property. Therefore, he made a representation dated 07.11.2020 before the respondents to pass orders based on the enquiry conducted by the second respondent on 18.02.2002, but, till date, no orders have been passed. Hence, the petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India.

3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's

representations dated 09.01.2002 and 07.11.2020 and dispose of the same within a stipulated time that may be framed by this Court.

4. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's representations dated 09.01.2002 and 07.11.2020 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and necessary parties within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gba To 1.

The District Collector, Krishnagiri District, Krishnagiri.

2.

The Revenue Divisional Officer, Hosur, Krishnagiri.

3.

The Tahsildar, Soolagiri Taluk, +1cc to Mr.R.Thamarai Selvan, Advocate, S.R.No.52245 W.P.NO.21410 OF 2021 SSD(CO) PBS/30/11/2021