← Library
Madras High CourtWP/5577/2024dismissed with cost

Krishna Reddy v. The District Collector

2024-03-05Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.03.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN of 2024 and W.M.P.Nos.6167, 6168 & 6169 of 2024 1.Krishna Reddy 2.Shaila ... Petitioners Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

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

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

4.D.Shanavaz ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, call for the records pertaining to the proceeding/Summon of the 3 rd respondent in Na.Ka.607/2024(A2) dated 12.02.2024 for including the name of the 4 th respondent as Pattadhar in Patta No.10389 pertaining to the property in Survey No.448/2B2, Mookandapalli Village, Hosur Taluk, Krishnagiri District to quash the same as illegal, incompetent and ultravires.

1/5

For Petitioners : Mr. R. Jayaprakash For Respondents : Mr. T. Arun Kumar, Special Government Pleader. (for R1 to R3)

ORDER

This Writ Petition is filed challenging the proceeding/Summon of the third respondent in Na.Ka.607/2024(A2) dated 12.02.2024 for including the name of the fourth respondent as Pattadhar in Patta No.10389, pertaining to the property in Survey No.448/2B2, Mookandapalli Village, Hosur Taluk, Krishnagiri District to quash the same as illegal, incompetent and ultravires.

2. Heard the learned counsel for the petitioner.

3. Mr.T.Arun Kumar, learned Additional Government Pleader takes notice for the respondents 1 to 3. Since no adverse order is being passed against the 4th respondent, notice to the 4th respondent is dispensed with.

4. It is seen that the petitioner has challenged the summons issued by the 3rd respondent/Tahsildar whereby, the petitioner has been asked to 2/5

appear for enquiry on 23.02.2024 regarding the application given by the 4th respondent herein to include his name in the said Patta. It is made clear that it is the bounden duty of the petitioner to appear before the 3rd respondent to respond to the summons and make his representation / objections and he cannot challenge the summons issued by the 3rd respondent.

5. Therefore, this Writ Petition is dismissed with cost of Rs.25,000/-.

6. W.M.P. No.6167 of 2024 filed to permit the petitioners to join together and file a single writ petition, is ordered on payment of separate Court fee by each of the writ petitioners. Consequently, W.M.P. Nos.6168 and 6169 of 2024 are closed.

05.03.2024 Index : Yes / No Speaking Order : Yes / No Neutral Case Citation : Yes/No Ksa-2 3/5

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

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

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

4/5

P.VELMURUGAN. J.

Ksa-2 W.P. No.5577 of 2024 and W.M.P.Nos.6167, 6168 & 6169 of 2024 05.03.2024 5/5