Nagappa v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.07.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.10565 of 2013 And M.P.Nos.1 of 2013 Nagappa ... Petitioner Vs.

1.The District Revenue Officer, District Collector Office, Krishnagiri.

2.The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

3.The Tahsildar, Tahsildar Office, Hosur, Krishnagiri District.

... Respondents Prayer:

Petition filed under section 226 of the Constitution of India a Writ of Mandamus forbearing the respondents their men/ servants/ agents from interfering with the property in Survey No.149/1 situated in Attakuriki Village, Hosur Taluk, Krishnagiri District without following due process of law. For Petitioner : Mr.K.Rajasekaran For Respondents : Mr.R.Vijayakumar, Additional Government Pleader

O R D E R

The writ petition has been filed seeking issuance of Mandamus, forbearing the respondents their men/ servants/ agents from interfering with the property in Survey No.149/1 situated in Attakuriki Village, Hosur Taluk, Krishnagiri District. 2.This petitioner claims that his forefathers entered upon the property and they have been continuing to reside there for several years and the only document produced by the petitioner to prove that https://hcservices.ecourts.gov.in/hcservices/

they are in possession is by producing some kist receipts said to have been issued from the year 1972 onwards.

3.The receipts which have been produced by the petitioner cannot confer any right over the property. Admittedly, there is no patta and there is no other document and no sale deed and the petitioner has filed this writ petition solely based on kist receipts. 3.In the absence of any acceptable and legal and valid documents to prove the possession, the writ petition falls and accordingly, the writ petition stands dismissed. The order of interim injunction granted on 15.04.2013 is vacated and the miscellaneous petition is closed. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar pri To 1.The District Revenue Officer, District Collector Office, Krishnagiri.

2.The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

3.The Tahsildar, Tahsildar Office, Hosur, Krishnagiri District.

+1 cc to Mr.A.Swaminathan, Advocate, sr.37964. W.P.No.10565 of 2013 and M.P.No.1 of 2013 gj(co), kra(11/08) https://hcservices.ecourts.gov.in/hcservices/