A.Mukthiyar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2017

CORAM

The Honourable MR.JUSTICE M.DURAISWAMY W.P.No.15135 of 2017 A.Mukthiyar ... Petitioner Vs

1. The District Collector Krishnagiri Krishnagiri District

2. Revenue Divisional Officer Krishnagiri Krishnagiri District

3. The Thasildar Taluk Office Bargur Krishnagiri District ... 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 to cancel the patta given to one Subramaniyam Son of Mariyappan and Transfer the patta in petitioner name for petitioner lands in S.No.608/B an extent of 0.62 hectares and S.No.609 an extent of 1.99 hectare situated at Nagapuram Village by considering the petitioner's representation dated 23.2.2017.

For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.Era Premnath, Government Advocate

ORDER

Mr.Era Premnath, learned Government Advocate, takes notice for the respondents.

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 to cancel the patta given to one Subramaniyam S/o Mariyappan and transfer the patta in his name for his lands in S.No.608/B, an extent of 0.62 hectares and S.No.609, an extent of 1.99 https://hcservices.ecourts.gov.in/hcservices/

hectare, situated at Nagapuram Village, by considering his representation dated 23.02.2017.

4. The learned counsel appearing for the petitioner submitted that though the petitioner has given a representation dated 23.02.2017 to the 2nd respondent to cancel the patta issued by the 3rd respondent, the 2nd respondent has not passed any order so far.

5. Mr.Era Premnath, learned Government Advocate, appearing for the respondents submitted that the 2nd respondent may be directed to consider the petitioner's representation dated 23.02.2017 and pass orders in accordance with law within a time frame.

6. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to consider the petitioner's representation dated 23.02.2017 and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties.

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

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

1. The District Collector Krishnagiri Krishnagiri District

2. Revenue Divisional Officer Krishnagiri Krishnagiri District

3. The Thasildar Taluk Office Bargur Krishnagiri District +1cc to Mr.K.Thiruvengadam, Advocate, S.R.No.42671 +1cc to the Government Pleader, S.R.No.42847 W.P.No.15135 of 2017 KGK(CO) CA(28/06/2017) https://hcservices.ecourts.gov.in/hcservices/