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Madras High CourtWP/17638/2024disposed of

V.Anitha v. The District Revenue Officer

2024-07-04Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.07.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P. No.17638 of 2024 and W.M.P. No.19413 of 2024 V. Anitha K. Munireddy N. Bhagaya Lakshmi P. Lakshmikanth V. Gopal Petitioners v The District Revenue Officer District Revenue Office Krishnagiri The Sub Collector Sub Collectorate Hosur 635 109 Krishnagiri District The Tahsildar Tahsildar Office Hosur 635 109 Mahadevan Sridhar Parvathamma Chinnappa Sivaraj

Madhesh Umesh Lalithamma Sarasa Magesh Krishnamma M. Mullaivendhan Hamsa Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to remove the encroachment made by the respondents 4 to 16 in the Government land classified as "Podugal Poromboke" in land measuring an extent of 0.05.5 hectares comprised in S.No.458/4A2, Mathigiri Village, Hosur Taluk, Krishnagiri District by cancelling the patta issued to the private respondents and to restore the "Podugal Poramboke" as public pathway, based on the petitioner's representation dated 01.08.2023 within a stipulated time. For petitioners Mr. R. Bharath Kumar For RR 1 to 3 Mr. Habeeb Rahman Government Advocate

ORDER

(Made by the Hon'ble Acting Chief Justice) W.M.P.No.19413 of 2024 filed to permit the petitioners to join and file a single writ petition is ordered, subject to payment of separate set of court fee by them, within two weeks from today,

failing which the order passed today shall be applicable only to the first petitioner.

2.

The petitioners addressed a representation dated 01.08.2023 to the official respondents seeking to remove the encroachments made by the private respondents in the Government poramboke land in S.No.458/4A2, Mathigiri Village, Hosur Taluk, Krishnagiri District and since no orders have been passed on the said representation, they have filed this writ petition for a mandamus to the official respondents to remove the encroachments by considering their representation.

3.

Mr. Habeeb Rahman, learned Government Advocate, accepts notice for the official respondents. Notice to the private respondents is dispensed with since no order prejudicial to their interest is passed in this writ petition.

4.

Considering the fact that the petitioners' representation dated 01.08.2023 on the subject matter has not been considered for

close to a year and also the nature of the relief sought, without going into the merits of the case, this Court directs the official respondents to consider and pass orders on the said representation, on its own merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, of course, after affording an opportunity of hearing to the private respondents.

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

(R.M.D., A.C.J.) (M.S.Q., J.) 04.07.2024 Index : Yes/No NC : Yes/No cad

To The District Revenue Officer District Revenue Office Krishnagiri The Sub Collector Sub Collectorate Hosur 635 109 Krishnagiri District The Tahsildar Tahsildar Office Hosur 635 109

THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.

cad 04.07.2024