N.Narayana Reddy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.18589 of 2014 N.Narayana Reddy

...Petitioner

Vs

1. The District Collector, Krishnagiri District, Krishnagiri

2. The District Revenue Officer, Krishnagiri District, Krishnagiri

3. The Revenue Divisional Officer, Hosur, Krishnagiri District

4. The Tahsildar, Hosur Taluk, Krishnagiri District.

...

Respondents Prayer :- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to consider the petitioner's representations dated 26.10.2010 and 16.12.2013.

For Petitioner :

Mr.R.Jayaprakash For Respondents :

Mr. D.Suriyanarayanan Government Advocate

O R D E R

Heard Mr.R.Jayaprakash, learned counsel appearing for the petitioner and Mr.D.Suriyanarayanan, learned Government Advocate appearing for the respondents.

2. The petitioner seeks for direction upon the 3rd respondent to consider his representation dated 26.10.2010 and 16.12.2013 and

to cancel the wrong entries made in the patta in respect of the lands for which patta has been granted in Patta Nos.781 and 782.

3. The learned counsel for the petitioner has drawn the attention of this Court to the order passed by the District Revenue Officer, Krishnagiri dated 13.05.2008, wherein the wrong entry in the said patta was cancelled on the appeal filed by the petitioner. The grievance of the petitioner is that once again the names of unknown persons, who has got absolutely no action over the land has been included in the patta. Therefore, the petitioner submitted a representation dated 26.10.2010 and 16.12.2013 to the SubCollector, Hosur. Since no action has been taken, the petitioner has approached this Court.

4. It is seen that the petitioner has not impleaded in whose name, the patta has been granted. In fact, in the affidavit filed in support of the Writ petition, the petitioner would state that inspite of his request to the 4th respondent to furnish address of those persons, whose name find place in the patta, he has not been provided with the information except to state that they are residents of Bangalore. The petitioner would state that he is unable to implead them as respondents.

5.The plea raised to be bonafide. In any event, whose names finds place in the patta have to be heard in the matter before any order is being passed. Accordingly, there shall be a direction to the 3rd respondent to consider the representation of the petitioner dated 26.10.2010 and 16.12.2013 after issuing notice to the petitioner and also to the persons in whose name the patta stands as on date, conduct enquiry in the matter after hearing all the parties in person and also taking note of the proceedings of the 2nd respondent dated 13.05.2008. The said direction shall be complied with within a period of four months from the date of conclusion of the enquiry.

With the above observation, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssd

To

1. The District Collector, Krishnagiri District, Krishnagiri

2. The District Revenue Officer, Krishnagiri District, Krishnagiri

3. The Revenue Divisional Officer, Hosur, Krishnagiri District

4. The Tahsildar, Hosur Taluk, Krishnagiri District.

1 cc to Mr.R.Jayaprakash ,Advocate, SR.No.8113 1 cc to Government Pleader,Sr.No8053 W.P.No.18589 of 2014 arco pmk.17.2.2015