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Madras High CourtWP/11003/2019disposed of

M.Suresh Babu v. The District Collector

2019-04-11Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11003 of 2019 M.Suresh Babu

...Petitioner

Vs.

1.The District Collector Krishnagiri District Krishnagiri.

2.The Tahsildar 3.The Revenue Divisional Officer

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 2 & 3, particularly, the 2nd and 3rd respondents to issue patta in favour of the petitioner for the property, situated at Krishnagiri Registration District, Hosur SubRegistration District, Hosur Taluk, in Govinda Agraharam Village, the land bearing SF.No.28/3, dry extent Hec.0.37, Asst. 1.03 in this extent of Ac 0.47 cents on the basis of the petitioner's representation dated 23.03.2019. For Petitioner : Mr.K.Krishna For Respondents: Mr.E.Balamurugan Special Government Pleader

O R D E R

Mr.E.Balamurugan, learned Special Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the respondents 2 & 3 to issue patta in his favour in respect of the property, situated at Krishnagiri Registration District, Hosur

Sub-Registration District, Hosur Taluk, in Govinda Agraharam Village, the land bearing SF.No.28/3, dry extent Hec.0.37, Asst. 1.03 measuring an extent of Ac 0.47 cents, based on the petitioner's representation dated 23.03.2019.

3. It is stated that the petitioner got the subject matter property through a Gift Settlement Deed registered vide document No.4141/2017 dated 22.05.2017. It is further stated that the petitioner is in possession and enjoyment of the above said land from the date of purchase. It is further stated that the petitioner made an on-line application to the second respondent on 01.06.2017 seeking for sub-division and issuance of patta in his favour. It is further stated that the petitioner made a representation dated 23.03.2019 to the 2nd respondent seeking for issuance of patta. Now, the grievance of the petitioner before this Court is that the said representation has not been considered by the respondents so far. Hence, the present writ petition is filed before this Court.

4. Heard both sides.

5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the 2nd respondent to consider and decide the same on merits and in accordance with law. Thus, this writ petition is disposed of, only with a direction to the 2nd respondent to consider the representation dated 23.03.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and other interested parties, if any. Such exercise shall be done by the 2nd respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar mk To 1.The District Collector Krishnagiri District Krishnagiri.

2.The Tahsildar

3.The Revenue Divisional Officer +1cc to Mr.K.Krishna, Advocate Sr.35528 W.P.No.11003 of 2019 nrjk[co] srg 10/05/2019