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Madras High CourtWP/16556/2025disposed of

G.Muninarasimappa v. The District Collector

2025-06-02Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No. 16556 of 2025 G.Muninarasimappa

...Petitioner

Vs.

1. The District Collector, Krishnagiri District Collector Office

2. The District Revenue Officer, Krishnagiri District,

3. The Revenue Divisional Officer, Hosur 635 109.

4. The Tahsildar Schoolagiri Taluk Office, Krishnagiri district 635 117

5. A.Kalavathi

6. Arputhavalli

...Respondents

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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the respondents to consider and to pass an order upon the representations dated 12.03.2024 and 15.09.2024 for cancellation of patta No.969 issued in favour of 5th respondent for excess of 393 sq.ft in Natham S.No.1187 of 36, and to issue separate patta in petitioner's name to an extend of 806 sq.ft in Natham S.No.1187 of 35 of Uddanapalli Village, Soolagiri taluk, Krishnagiri district pending on the file of the respondents 2 to 4 within a reasonable time frame fixed by this Court. For Petitioner : Mr.S.Natarajan For Respondents : Mr.P.Ganesan Government Advocate for R1 to R4

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondent Nos.5 and 6 is dispense with.

2. The present writ petition is filed praying for a writ of mandamus to direct the respondents to consider and to pass an order upon the representations dated 12.03.2024 and 15.09.2024 for cancellation of patta No.969 issued in favour of 5th respondent for excess of 393 sq.ft in Natham S.No.1187 of 36, and to issue separate patta in petitioner's name to an extend of 806 sq.ft in Natham S.No.1187 2/6

of 35 of Uddanapalli Village, Soolagiri taluk, Krishnagiri district pending on the file of the respondents 2 to 4 within a reasonable time frame fixed by this Court.

3. It is submitted by the learned counsel for the petitioner that the petitioner has submitted a representation on 12.03.2024 before the respondents seeking cancellation of patta granted in favour of respondent No.5 for the excess extent of 393 sq.ft. and to grant patta to an extent of 806 sq. ft. in favour of petitioner. Since the said representation was not considered by the official respondents, the petitioner again submitted a representation before the official respondents on 15.09.2024. However, the said representation has not been considered so far. Aggrieved by the same, the petitioner has come before this Court.

4. At the outset, it was submitted by the learned Government Advocate for respondent Nos.1 to 4 that the above representations would be considered and orders would be passed, after issuing notice and hearing the petitioner, fifth and sixth respondents and any other interested parties/rival claimants, within the time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances 3/6

of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the official respondents, to consider the representations dated 12.03.2024 and 15.09.2024 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, fifth and sixth respondents and any other interested persons/rival claimants, and also putting the respondent Nos.5 and 6 and any other interested persons/rival claimants on notice, within a period of eight (8) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representations and it is open to the concerned respondent to consider the representations on its own merits and in accordance with law.

6. Accordingly, the writ petition stands disposed of. There shall be no order as to costs.

02.06.2025 Speaking (or) Non Speaking Order mrn To

1. The District Collector, Krishnagiri District Collector Office 4/6

2. The District Revenue Officer, Krishnagiri District,

3. The Revenue Divisional Officer, Hosur 635 109.

4. The Tahsildar Schoolagiri Taluk Office, Krishnagiri district 635 117 MOHAMMED SHAFFIQ, J.

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W.P.No. 16556 of 2025 02.06.2025 6/6