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Madras High CourtWP/16657/2017disposed of

Karuppannan v. The District Collector

2017-07-03Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.07.2017

CORAM

THE HONOURABLE Mr. JUSTICE M.DURAISWAMY W.P.No.16657 of 2017 Karuppanan .. Petitioner v.

1.The District Collector Krishnagiri Krishnagiri District.

2.The Revenue Divisional officer Krishnagiri Krishnagiri District 3.The Thasildar Taluk Office Pochampalli Krishnagiri District 4.Govindasamy .. Respondents Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus, to direct the respondents 1 to 3 to cancel the patta issued in the name 4th respondent and issue patta in the name of petitioner in respect of petitioner's land in S.No.52 of Sonarahalli Village, Pochampalli Taluk, Krishnagiri District, by considering the petitioner's representation dated 9.1.2017.

For Petitioner: Mr.K.Thiruvengadam For Respondent: Mr.R.Rajeswaran Special Govt. Pleader - for R1 to R3

ORDER

The petitioner has filed the above writ petition to issue a writ of mandamus, to direct the respondents 1 to 3 to cancel the patta issued in the name 4th respondent and issue patta in his name in respect of his land in S.No.52 of Sonarahalli Village, Pochampalli Taluk, Krishnagiri District, by considering his representation dated 9.1.2017 2.Since the petitioner got a remedy by way of an appeal before the second respondent as against the grant of patta by the 3rd respondent, I am of the view that liberty can be given to the petitioner to challenge the order passed by the 3rd respondent , in accordance with law.

3. Mr.R.Rajeswaran, learned Special Government Pleader taking notice for the respondents 1 to 3 submitted that only an appeal shall lie challenging the order passed by the third respondent.

4. In view of the same, I give liberty to the petitioner to challenge the order passed by the third respondent, granting patta in the name of the 4th respondent, before the second respondent, within a period of one week from the date of receipt of a copy of this order. On receipt of the appeal to be presented by the petitioner, the second respondent shall decide the same, on merits and in accordance with law, after giving notice to the 4th respondent, within a period of twelve weeks from the date of presentation of the appeal. With these observations, the writ petition is disposed of . No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

Rj To 1.The District Collector, Krishnagiri, Krishnagiri District.

2.The Revenue Divisional officer, Krishnagiri, Krishnagiri District.

3.The Thasildar, Taluk Office, Pochampalli, Krishnagiri District.

+1cc to Mr.K.Thiruvengadam, Advocate Sr.46182 +1cc to the Government Pleader Sr.46284 W.P.No.16657 of 2017 scd[co] srg 12/07/2017