Venkatasamy v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2016
CORAM
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.1767 of 2016 Venkatasamy ... Petitioner Vs
1. The District Revenue Officer, O/o.District Collector, Krishnagiri.
2. The Sub Collector, O/o.Sub Collector, Hosur.
3. The Tahsildar, Taluk Office, Hosur.
4. Mr.Narayanappa ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 2&3, to consider the petitioner's representation dated 05.09.2015 pursuant to the proceedings of the 2nd respondent in Oo.Mu.No.5678/2015(B3) dated 16.10.2015 for rectification of revenue records in respect of lands to an extent of 17.29 Cents in Survey No.867/6 of Nallur Village, Hosur Taluk, Krishnagiri District.
For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.A.Kumar Special Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The case of the petitioner is that lands in Survey No.866/5 to an extent of 0.14.0 Hectares, in S.F.No.866/5 to an extent of 0.10.0 Hectares and in S.F.No.867/6 to an extent of
0.17.0 Hectares of Nallur Village, Hosur Taluk, Krishnagiri District, belonged to his father Late Munusamy and his brother. The owners sold lands to an extent of 0.14.0 Hectares in S.F.No.866/5 and 0.10.0 Hectares in S.F.No.867/6 by a registered sale deed dated 14.11.2006 in favour of the NCL Homes Ltd and the remaining extent was in possession of the petitioner. Subsequently, the property was sub-divided as S.F.No.867/6A and patta was issued to an extent of 0.02.0 Hectare (4.94 Cents) instead of 0.07.0 Hectares (17.29 Cents) and remaining 12.35 Cents were omitted to be included in the patta.
3. The petitioner would further state that the remaining extent of 12.35 cents in S.F.No.867/6 was also wrongly included in favour of the fourth respondent. Therefore, the petitioner made a representation dated 05.09.2015, to rectify the defects in the revenue documents. Since no order has been passed, the present writ petition has been filed.
4. Heard Mr.R.Bharathkumar, learned counsel appearing for the petitioner and Mr.A.Kumar, learned Special Government Pleader, who accepts notice on behalf of the respondents.
5. This Court, considering the limited scope of prayer sought for in the Writ Petition without going into the merits of the same, directs the respondents 2 and 3 to consider the representation of the petitioner dated 05.09.2015 and pass appropriate orders on merits and in accordance with law, after giving an opportunity of hearing to the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order.
6. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar nvi To
1. The District Revenue Officer, O/o.District Collector, Krishnagiri.
2. The Sub Collector, O/o.Sub Collector, Hosur.
3. The Tahsildar, Taluk Office, Hosur.
+1cc to Mr.R.Bharath Kumar, Advocate, S.R.No.3260 W.P.No.1767 of 2016 SK(CO) CA(25/02/2016)