M.Narayanappa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.8391 of 2019 and W.M.P.No.8922 of 2019 M.Narayanappa ... Petitioner Vs 1.The District Collector, 2.The District Revenue Officer, 3.The Tahsildar, Hosur Taluk, Krishnagiri District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents herein and whomsoever claiming through them from interfering with the petitioner's peaceful possession and enjoyment of the agricultural lands to an extent of 1.25 acres and 50 cents comprised in Survey Nos.222/4 and 223/4 situated in Sevaganapalli of Chichuraganapalli Village, Hosur Taluk, Krishnagiri District except under due process of law pending consideration of the petitioner's representation for issuance of patta dated 15.07.2013 as per the directions of this Court dated 27.08.2013 made in W.P.No.20715 of 2013.

For Petitioner : Ms.E.Malini For M/s.Pass Associates For Respondents: Mr.V.Prabhu, Government Advocate

O R D E R

The petitioner seeks for the following relief: To forbear the respondents herein and whomsoever claiming through them from interfering with the petitioner's peaceful possession and enjoyment of the agricultural lands to an extent

of 1.25 acres and 50 cents comprised in Survey Nos.222/4 and 223/4 situated in Sevaganapalli of Chichuraganapalli Village, Hosur Taluk, Krishnagiri District except under due process of law pending consideration of the petitioner's representation for issuance of patta dated 15.07.2013 as per the directions of this Court dated 27.08.2013 made in W.P.No.20715 of 2013.

2. Heard both sides.

3. It is claimed by the petitioner that he is in possession and enjoyment of the subject matter land and the respondents are trying to interfere with such possession except following due process of law. It is further claimed that the petitioner has sought for issuance of patta to the said land and this Court also by an order dated 27.08.2013 made in W.P.No.20715 of 2013, directed the District Collector to dispose of the application filed by the petitioner dated 15.07.2013 and pass orders on the same and as per law. It is stated that the said order has not been complied with by the District Collector so far.

4. Perusal of the order passed in W.P.No.20715 of 2013 dated 27.08.2013 filed by the very same petitioner would show that the petitioner sought for grant of patta in respect of the subject matter land and this Court directed the District Collector to consider the said application of the petitioner and pass orders on the same. As it is stated that no order has been passed so far, the 1st respondent herein is directed to comply with the said order passed in W.P.No.20715 of 2013 dated 27.08.2013 without loss of further time, however, within a period of eight weeks from the date of receipt of a copy of this order. Till an order is passed by the 1st respondent, the respondents shall maintain status quo as on today in respect of the subject matter property.

5. With the above observations, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(Insp.cell) //True Copy// Sub Assistant Registrar To 1.The District Collector,

2.The District Revenue Officer, 3.The Tahsildar, Hosur Taluk, Krishnagiri District.

+1 cc to M/s.Pass Associates, Advocate, Sr.No. 33928 +1 cc to The Government Pleader, Sr.No. 34358 W.P.No.8391 of 2019 MG(CO) CSL/27.04.2019