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Madras High CourtWP/18053/2024disposed of

Thirumalappa v. The Sub Collector

2024-07-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.18053 of 2024

1. Thirumalappa

2. T.Subramani

3. T.Nanjundappa

4. T.Chandrasekar

5. Lakshmamma

6. V.Mohan

7. V.Navin

8. V.Vinodha represented by their Power Agent R.Perumal .. Petitioners

Versus

The Sub Collector, Sub Collector Office, Hosur - 635 109, Krishnagiri District.

.. Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent herein to dispose of the appeal petition dated 09.01.2024 filed by the petitioners within the time to be stipulated by this Court.

For Petitioners : Mr.R.Bharath Kumar For Respondent : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

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 filed to direct the respondent herein to dispose of the appeal petition dated 09.01.2024 filed by the petitioners within the time to be stipulated by this Court.

3. Heard learned counsel for the petitioners and the learned Special Government Pleader appearing for the respondent and perused the materials available on record.

4. The case of the petitioners is that the subject property has been purchased by the father of the petitioners as per the registered sale deed dated 08.04.1958 and after the death of his father, all his legal heirs are in possession and enjoyment of the property. While so, the petitioners' land has been wrongly classified as "Paarai Nilam" during subdivision without giving any opportunity of hearing to the petitioners. Therefore, the petitioners have given a representation to the respondent on 03.01.2019 to rectify the defect and as the same has not been considered, the petitioners had filed a Writ Petition in 2/4

W.P.No.5331 of 2019 and this Court by an Order dated 25.02.2019 directed the revenue authorities to consider the representation of the petitioner. Pursuant to the Order of the Court, the Tahsildar, Hosur has rejected the petitioners' claim without verifying the documents submitted by the petitioners. Aggrieved over the same, the petitioners had preferred an appeal before the respondent on 04.05.2022, which is pending without any progress. Hence, the present Writ Petition.

5. Considering the limited relief sought for in this writ petition, respondent is are directed to dispose of the appeal filed by the petitioners dated 09.01.2024 and pass orders on the same on merits and in accordance with law within a period of two months from the date of receipt of a copy of this order.

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

10.07.2024 vrc Index :Yes/No Internet :Yes/No To, The Sub Collector, Sub Collector Office, Hosur - 635 109, Krishnagiri District.

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N. SATHISH KUMAR, J.

vrc W.P.No.18053 of 2024 10.07.2024 4/4