Saradha, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.10.2022 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No. 32510 of 2015 and WMP. No. 8444 of 2016 Sarada ... Petitioner Vs.
1 The District Collector, Krishnagiri District.
2 The Revenue Divisional Officer Krishnagiri District.
3 The Zonal Deputy Tashildar , Pochampalli & Taluk, Krishnagiri District.
4 Vignesh (R4 has impleaded vide order dated 11.10.2022 in WMP.No.8444 of 2016 inW.P.No.32510 of 2015) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari to call for records on the file of 3rd respondent in proceedings Mu.Mu. RTR556A/A2/ dated 11.11.2013 signed on 22.5.15 and quash the same as illegal, incompetent and without jurisdiction.
For Petitioner : Mr. T.Panchatcharam For Respondents : Mr.U.Bharanidharan, AGP, RR1 to 3 1/5
O R D E R
The writ petition has been filed to quash the order passed by 3rd respondent in proceedings Mu.Mu. RTR556A/A2, dated 11.11.2013 signed on 22.5.15.
2. It is the case of the petitioner that the petitioner along with one Kalavathy purchased a property in S.No.355/2 new Survey No.355/2B from one Srinivasan and Duraisamy on 05.05.1985 and after purchase, the petitioner and the said Kalavathy are in possession and thereafter, the petitioner came to know that the patta had been granted in the ame of one Chinnathambi who had purchased the properties from the petitioners vendor. According to the petitioner, she purchased the property from the common owner, but different properties. The revenue officials have wrongly issued patta in respect of the subject property in the name of the said Chinnathambi. Therefore, the petitioner made a detailed representations on 21.06.2013 and 05.07.2013 to the respondents seeking for the rectification of the wrong entry made in the revenue record.
The same was not considered and therefore, the petitioner filed a writ petition before this Court in W.P.No.35010/2013 seeking a direction to dispose of the representation dated 05.07.2013.
been passed on 11.11.2013 rejecting the petitioners claim. This Court vide its order dated 20.02.2015 directing the respondent to communicate the order dated 11.11.2013 to the petitioner. Challenging the said order dated 11.11.2013, the petitioner has filed the present writ petition before this court.
3. Learned counsel for the petitioner submitted that this Court may grant liberty to the petitioner to file an appeal before the Revenue Divisional Officer within the reasonable time as fixed by this Court and to fix a outer limit time to conclude the said appeal.
4. Learned Additional Government Pleader appearing on behalf of the respondents have not raised any objections as the submission raised by the learned counsel for the petitioner.
5. Heard, learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the materials available on record.
6. Considering the fact and circumstances of the case, this Court, without going into the merits of the case, permits the petitioners to file an 3/5
appeal before the second respondent/Revenue Divisional Officer along with all the relevant documents and also a copy of this order within a period of four weeks from the date of receipt of a copy of this order. If such appeal is made, it is for the concerned authority to consider the same in accordance with law and on merits and pass appropriate orders, within a period of twelve weeks thereafter.
7. With the above directions, the writ petition is disposed of. There shall be no order as to costs.
11.10.2022 Index : Yes / No Speaking order : Yes / No rli To 1 The District Collector, Krishnagiri District.
2 The Revenue Divisional Officer Krishnagiri District.
3 The Zonal Deputy Tashildar , Pochampalli & Taluk, Krishnagiri District.
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M.DHANDAPANI, J.
rli W.P. No. 32510 of 2015 11.10.2022 5/5