Anandkumar v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No. 6557 of 2024 Anand Kumar ... Petitioner versus 1.The District Revenue Officer, District Revenue Office, Krishnagiri - 635 115.

2.The Tahsildar, Hosur Taluk, Krishnagiri District.

3.G.Padmanabhan 4.G.Shanmugam 5.Manonmani ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent herein to consider and pass orders on the Appeal Petition dated 23.01.2024 submitted by the petitioner for cancelling the Patta issued by the 2nd respondent vide Na.Ka.No.4692/2021/A2, dated 25.07.2023, in the names of respondents 3 to 5 within a time limit stipulated by this Court. Pg.Nos.1/5

For Petitioner :

Mr.R.Srinivasalu For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 and R2

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents 1 and 2. Since this writ petition is being disposed of without passing any adverse orders against respondents 3 to 5 affecting their interest, notice to those respondents is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent herein to consider and pass orders on the appeal petition dated 23.01.2024 filed by the petitioner, in and by which, the petitioner sought for cancelling the Patta issued by the second respondent vide Na.Ka.No.4692/2021/A2, dated 25.07.2023, in the names of respondents 3 to 5 herein.

3. The main grievance of the petitioner is that even though he has filed an appeal before the first respondent on 23.01.2024, till date, no final order Pg.Nos.2/5

has been passed. Hence, the present writ petition has been filed.

4. The learned Special Government Pleader appearing for respondents 1 and 2 submitted that the petitioner has filed an appeal before the first respondent/District Revenue Officer challenging order passed by the second respondent/Tahsildar, but as against the order passed by Tahsildar, the appeal will lie only before the Revenue Divisional Officer.

5. Heard both sides and perused the materials available on record.

6. In view of the submissions made by the learned Special Government Pleader, this writ petition is dismissed and the first respondent/District Revenue Officer is directed to forward the appeal filed by the petitioner to the Revenue Divisional Officer within a period of four weeks from today. On receipt of the same, the Revenue Divisional Officer is directed to conduct enquiry and dispose of the appeal on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and respondents 3 to 5 herein as well as all interested parties. Such exercise shall be completed within the stipulated time as stated in Circular Pg.Nos.3/5

No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

7. There shall be no order as to costs.

14.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The District Revenue Officer, District Revenue Office, Krishnagiri - 635 115.

2.The Tahsildar, Hosur Taluk, Krishnagiri District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 14.03.2024 Pg.Nos.5/5