Madras High CourtWP/23098/2017disposed of

Venkatapathyappa v. The District Collector

2017-08-29Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.23098 of 2017 Venkatapathyappa [ Petitioner ] Vs

1. The District Collector, Krishnagiri, Krishnagiri District.

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

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

4. The Tahsildar, Taluk Office, Krishnagiri, Krishnagiri District.

5. Chinnathimmarayappa [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents 1 to 4 to cancel the patta issued in the name of the 5th respondent and issue patta in petitioner's name in respect of land in Survey Nos.15/2 and 20/1 of Pathymadugu Village, Krishnagiri Taluk, Krishnagiri District, by considering representation dated 27.06.2017.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.E.Balamurugan, AGP(R1-4)

ORDER

Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents 1 to 4. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents 1 to 4 to cancel the patta issued in the name of the 5th respondent and issue patta in his name in respect of land in Survey Nos.15/2 https://hcservices.ecourts.gov.in/hcservices/

and 20/1 of Pathymadugu Village, Krishnagiri Taluk, Krishnagiri District, by considering representation dated 27.06.2017.

3. The learned counsel appearing for the petitioner submitted that in spite of the appeal filed by the petitioner before the 3rd respondent on 27.06.2017, the 3rd respondent has not passed any order so far.

4. Mr.E.Balamurugan, learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the 3rd respondent may be directed to consider and pass orders on the petitioner's appeal, in accordance with law, after giving notice to the 5th respondent, within a time frame.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 3rd respondent to consider the petitioner's appeal dated 27.06.2017 and pass orders in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order after giving notice to all the interested parties.

With this observation, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CS II ) /true copy/ Sub Asst. Registrar rg To

1. The District Collector, Krishnagiri, Krishnagiri District.

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

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

4. The Tahsildar, Taluk Office, Krishnagiri, Krishnagiri District.

+ 1 cc to Mr.K.Thiruvengadam, Advocate,SR.62205 + 1 cc to The Govt.Pleader, SR.62388 W.P.No.23098 of 2017 NR 15/09/2017 https://hcservices.ecourts.gov.in/hcservices/