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Madras High CourtWP/5331/2019disposed of

Thirumalappa v. The Assistant Settlement

2019-02-25Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.02.2019

CORAM

THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.5331 of 2019 Thirumalappa

...Petitioner

Vs.

1.The Assistant Settlement Officer (South) Survey and Settlement Department O/o.Directorate of Survey and Settlement Chepauk, Chennai-600 005.

2.The District Revenue Officer Collector Office Krishnagiri District - 635 115.

3.The Revenue Divisional Officer Revenue Divisional Office 4.The Tahsildar Taluk Office,

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents herein to rectify the erroneous classification made in the Revenue Records in respect of lands measuring about 8.59 acres comprised in Survey No.17/2 of Viswananthapuram Village, Hosur Taluk, Krishnagiri District, based on the petitioner's representation dated 03.01.2019 and issue joint patta to the petitioner and others within the time to be stipulated. For Petitioner :

Mr.R.Bharath Kumar For Respondents:

Mr.J.Purushothaman Government Advocate

O R D E R

Mr.J.Purushotham, learned Government Advocate takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard both sides.

3. The petitioner seeks for a Mandamus directing the respondents herein to rectify the erroneous classification made in the Revenue Records in respect of the lands measuring about 8.59 acres comprised in Survey No.17/2 of Viswananthapuram Village, Hosur Taluk, Krishnagiri District, based on his representation dated 03.01.2019 and to issue joint patta to the petitioner and others.

4. The grievance of the petitioner before this Court is that the said representation has not been considered by the respondents so far.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the fourth respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the fourth respondent to consider the representation dated 03.01.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the fourth respondent within a period of four weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The Assistant Settlement Officer (South) Survey and Settlement Department O/o.Directorate of Survey and Settlement Chepauk, Chennai-600 005.

2.The District Revenue Officer Collector Office Krishnagiri District - 635 115.

3.The Revenue Divisional Officer Revenue Divisional Office

4.The Tahsildar Taluk Office, +1cc to Mr.R.Bharath Kumar, Advocate sr.no.17406 +1cc to Government Pleader sr.no.17626 W.P.No.5331 of 2019 nr 21/03/2019