T.Subramani v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.17690 of 2024 T.Subramani .. Petitioner

Versus

1. The Commissioner, Department of Land Administration, 2nd Floor, Ezhilagam, Chennai.

2. The District Collector, Collector Office, Kirshnagiri District, Krishnagiri.

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

4. The Tahsildar, Soolagiri Taluk, Krishnagiri District.

5. Krishnappa

6. B.Nanjappan

7. Ramakrishnan

8. S.Pathiappan

9. S.Rajappan .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the third respondent herein to cancel the patta in Patta Nos.87, 1212, 1213, 1198 and 1199 and to issue fresh patta in the petitioner name for the property comprised in Old survey No.24 (New survey No.67 and 193) totally measuring an extent of 4 Acres 53 cents 1/5

situated at Chennappalli Village, Palavanthiamapalli, Thekalapalli, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 03.02.2021, 28.09.2021, 8.11.2022, 16.02.2023 and 15.9.2023 within a stipulated time frame as prescribed by this Honourable Court. For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.A.Se1vendran, Special Government Pleader - R1 to R4

O R D E R

Since no adverse order has been passed against the respondents 5 to 9, notice to them is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This Writ Petition is fi1ed to direct the third respondent herein to cancel the patta in Patta Nos.87, 1212, 1213, 1198 and 1199 and to issue fresh patta in the petitioner name for the property comprised in Old survey No.24 (New survey No.67 and 193) totally measuring an extent of 4 Acres 53 cents situated at Chennappalli Village, Palavanthiamapalli, Thekalapalli, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 03.02.2021 28.09.2021 8.11.2022 16.02.2023 and 15.9.2023 within a stipulated time frame as prescribed by this Court. 2/5

3. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 to 4 and perused the materials available on record.

4. The case of the petitioner is that the subject land has been allotted to the grandfather of the petitioner as Thotti Oozhiyam and after his life time, his legal heirs were in possession and enjoyment of the same and now the petitioner is in possession and enjoyment of the property. While so, during UDR scheme, patta for the property was wrongly issued to one Mallappa and using the same, his legal heirs are creating encumbrances on his property. In this regard, the the petitioner has given various representations to the respondents, but no action has been taken by the respondents. Hence, the present Writ Petition.

5. The learned Special Government Pleader appearing for the respondents 1 to 4 submitted that on the basis of the representations of the petitioner, enquiry has already been conducted and only Orders have to be passed.

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6. In such view of the matter, the respondents shall pass Orders on the representations of the petitioner dated 03.02.2021, 28.09.2021, 8.11.2022, 16.02.2023 and 15.9.2023 on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

7. With the above direction, this writ petition is disposed of. No costs.

08:07.2024 Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Commissioner, Department of Land Administration, 2nd Floor, Ezhilagam, Chennai.

2. The District Collector, Collector Office, Kirshnagiri District, Krishnagiri.

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

4. The Tahsildar, Soolagiri Taluk, Krishnagiri District.

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N. SATHISH KUMAR , J.

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