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Madras High CourtWP/14838/2022disposed of

Chinna Biddappa v. The Collector

2022-06-15Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2022

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.14838 of 2022 and W.M.P.No.14050 of 2022 Chinna Biddappa

...Petitioner

vs.

1. The Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur - 635 109.

3. The Tahsildar, Shoolagiri Taluk, Shoolagiri.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to grant patta to the petitioner in respect of property bearing S.No.217/1 - Ac.1.25 out of Ac.3.78 (Hec.0.50.0 out of 1.53.0) in Addaguruki Village, Shoolagiri Taluk, Krishnagiri District by considering the petitioner's representation dated 01.04.2022. For Petitioner : Mr.D.Baskar For Respondents : Mr.R.Vigneswaran Government Advocate

ORDER

This Writ Petition has been filed seeking for issuance of a writ of Mandamus to direct the respondents to grant patta to the petitioner in respect of property bearing S.No.217/1 - Ac.1.25 out of Ac.3.78 (Hec.0.50.0 out of 1.53.0) in Addaguruki Village, Shoolagiri Taluk, Krishnagiri District by considering his representation dated 01.04.2022.

2. The case of the petitioner is that the petitioner acquired the property bearing S.No.217/1 of an extent of 1.25 Acres out of 3.78 Acres situated in aforesaid village, by way of

inheritance. Due to some hindrance to the petitioner's possession, he filed a suit in O.S.No.96 of 2002, before the District Munsif Court, Hosur for declaration of title and for permanent injunction against the respondents. On 12.09.2007, an ex-parte decree was passed in favour of the petitioner. Thereafter, the petitioner is in peaceful possession and enjoyment of the said property. In order to obtain patta in respect of the aforesaid property, the petitioner made representation dated 01.04.2022 before the respondents. As the said representation made by the petitioner, has evoked no response from the respondents, the petitioner has filed the present Writ Petition.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submitted that it would suffice, if this Court, issues direction to the 3rd respondent to consider the petitioner's representation dated 01.04.2022 and pass orders on merits within a particular time frame that maybe fixed by this Court.

4. The learned Government Advocate appearing for the respondents has no objection for the said order being passed.

5. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the 3rd respondent/Tahsildar to consider the said representation of the petitioner dated 01.04.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-III) //True Copy// Sub Assistant Registrar jd To

1. The Collector, Krishnagiri District, Krishnagiri.

2. The Revenue Divisional Officer, Hosur - 635 109.

3. The Tahsildhar, Shoolagiri Taluk, Shoolagiri.

+1cc to Mr..Baskar, Advocate SR.No.35713 +1cc to the Government Pleader SR.No.36176 W.P.No.14838 of 2022 and W.M.P.No.14050 of 2022 SSI(CO) GN(30/06/2022)