N.Narayana Reddy, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.13726 of 2016 N.Narayana Reddy ..Petitioner Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

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

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

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

5.Madhesh The Village Administrative Officer, Thandarai Village, Hosur Taluk, Krishnagiri District.

..Respondents The writ petition is filed under Article 226 of the Constitution of India praying for the issue of a Writ of Mandamus, directing the respondents to consider the petitioner's representations, dated 10.11.2015 and 21.11.2015. For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.P.Karthikeyan, Govt.Advocate - - - - -

ORDER

Heard.

This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the

respondents to consider the representations of the petitioner, dated 10.11.2015 and 21.11.2015, and to pass appropriate orders thereon.

The main contention of the learned counsel appearing on behalf of the petitioner is that one Suresh Babu, who has nothing to do with the properties of the petitioner and his family members, has been paying kist for a portion of the properties, in patta No.617, in S.Nos.177, 179 and 193, at Thandarai village, Denkanikottai Taluk, Krishnagiri District, without having any right to do so. He had further submitted that the fifth respondent has been receiving the amount paid by Suresh Babu, as kist, in respect of the said lands, in spite of the proceedings of the District Revenue Officer, dated 13.5.2008, and the proceedings of the Sub Collector, third respondent herein, dated 9.7.2015.

It has also been stated that the said Suresh Babu has not challenged the said proceedings, till date. However, at this stage of the hearing of the writ petition, the learned counsel appearing on behalf of the petitioner had submitted that it would suffice, if the third respondent is directed to dispose of the representation of the petitioner, dated 10.11.2015, on merits and in accordance with law, within the time limit specified by this Court.

The learned counsel appearing on behalf of the respondents has no objection for this court issuing such a direction.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsels appearing on behalf of the parties concerned, this Court finds it appropriate to direct the third respondent to consider the representation of the petitioner, dated 10.11.2015, and pass appropriate orders thereon, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner, as well as to Suresh Babu, who is not a party to the present writ petition, and the other persons concerned, if any.

The writ petition is disposed of with the above directions. No costs.

vvk Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1.The District Collector, Krishnagiri District, Krishnagiri.

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

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

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

5.The Village Administrative Officer, Thandarai Village, Hosur Taluk, Krishnagiri District.

+ 1 cc to Mr.R.Jayaprakash, Advocate Sr 40282 + 1 cc to The Govt.Pleader, Sr 40658 KR/28/7/16 W.P.No.13726 of 2016