Madras High CourtWP/14463/2017disposed of

Krishnappa v. The District Revenue Officer,

2017-06-12Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.14463 of 2017 Krishnappa ... Petitioner Vs

1. The District Revenue Officer Office of the District Collectorate Krishnagiri - 635 115

2. The Sub Collector Hosur - 635 109

3. The Tahsildar Taluk Office Hosur - 635 109

4. Mr. Kumar ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the respondents 1 to 3 herein to consider the petitioners representation dated 15.04.2017 for cancellation of Patta No.324 issued in favour of 4th respondent in respect of land to an extent of 0.22.0 hectares comprised in Survey No.202/2 of Thumanapalli Village Hosur Taluk Krishnagiri District within the time to be stipulated by this Court.

For Petitioner : Mr.R.Bharath Kumar For Respondent : Mr.A.N.Thambidurai, Special Government Pleader (R1-3)

ORDER

Mr.A.N.Thambidurai, learned Special Government Pleader, takes notice for the respondents 1 to 3.

2. By consent, the main writ petition itself is taken up for final disposal at the admission stage itself.

3. The petitioner has filed the above writ petition to issue a writ of mandamus to direct the respondents 1 to 3 to consider his representation dated 15.04.2017 for cancellation of Patta No.324 issued in favour of 4th respondent in respect of land measuring an extent of 0.22.0 hectares comprised in Survey No.202/2 of Thumanapalli Village, Hosur Taluk, Krishnagiri District, within a time frame.

4. The petitioner is seeking for cancellation of patta issued by the 3rd respondent in favour of the 4th respondent. The cancellation of patta can be done only by the Revenue Divisional Officer, by way of an appeal.

5. In these circumstances, Mr.A.N.Thambidurai, learned Special Government Pleader, submitted that the petitioner may be directed to file an appeal as against the order passed by the 3rd respondent before the Revenue Divisional Officer and the Revenue Divisional Officer may be directed to consider the same and pass orders in accordance with law.

6. Having regard to the submissions made by the learned counsel on either side, the petitioner shall file an appeal before the Revenue Divisional Officer, within a period of one week from the date of receipt of a copy of this order and on filing the appeal, the concerned Revenue Divisional Officer, is directed to decide the same on merits and in accordance with law, as expeditiously as possible, after giving notice to the 4th respondent.

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

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rg To

1. The District Revenue Officer Office of the District Collectorate Krishnagiri - 635 115 Krishnagiri District.

2. The Sub Collector Hosur - 635 109

3. The Tahsildar Taluk Office Hosur - 635 109

4. The Revenue Divisional Officer, +1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.41732 +1cc to the Government Pleader, S.R.No.42138 W.P.No.14463 of 2017 CS IV CA(19/06/2017)