K.Narayanaswamy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Narayanaswamy ... Petitioner Vs.
1.The District Collector, Krishnagiri District, Krishnagiri.
2.The District Revenue Officer, Hosur Taluk, Krishnagiri District.
3.The Tahsildar, Hosur Taluk, Krishnagiri District.
4.The Block Development Officer, Hosur Taluk, Krishnagiri District.
5.The Commissioner, Panchayat Union, Hosur Taluk, Krishnagiri District.
...Respondents
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PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents, particularly the respondents 2 to 4 to transfer the patta from the 5th respondent to the petitioner for the property situated at Zeemangalam Village, Hosur Taluk, Krishnagiri District, comprised in S.No.112/2A, to an extent of 0.2 1/2 cents or 1090 sq.ft (0.01.0 Ares) on the basis of the petitioner's representations dated 14.06.2021 and subsequent reminder dated 04.09.2021 and pass orders. For Petitioner(s) : Mr.Kandhan for Mr.Thanjan For Respondent(s) : Mr.A.Selvendran Special Government Pleader 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 No. 5 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus to direct the respondents, particularly the respondents 2 to 4 to transfer the patta in the name of the 5th respondent to petitioner's name in respect of the property 2/6
situated at Zeemangalam Village, Hosur Taluk, Krishnagiri District, comprised in S.No.112/2A, measuring an extent of 0.2 1/2 cents or 1090 sq.ft (0.01.0 Ares) on the basis of the petitioner's representation dated 14.06.2021 and the reminder dated 04.09.2021.
3. It is submitted by the learned counsel for the petitioner that petitioner purchased the subject property vide sale deed dated 06.12.2007 registered in Doc No.16791/2007 before SRO, Hosur. It is stated that by virtue of the above sale deed, petitioner is the absolute owner of the subject property. It is noticed by the petitioner that patta stands in the name of the fifth respondent, in respect to the subject property. Hence, the petitioner submitted a representation dated 14.06.2021 seeking transfer of patta, in his name in respect to the subject property and also reminder on 04.09.2021 to the third respondent. However, the said representation and reminder have 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 Special Government Pleader for respondents 1 to 4 that Survey No.112/2A covers a larger extent of 0.1 hectare and the petitioner's claim of ownership is only with regard to 0.01.0 hectare. In any view, it was submitted that enquiry is also been made on the 3/6
representation of the petitioner by the third respondent/Tahsildar, and a report has been forwarded to the second respondent/District Revenue Officer. He would thus submit that the second respondent would pass appropriate orders after putting the petitioner as well the fifth respondent and any other interested parties on notice, within a time frame to be 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 of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondents 2 to 4 to consider the representation dated 14.06.2021 and the subsequent reminder dated 04.09.2021 on its own merits, after issuing notice to the petitioner and fifth respondent and any other interested parties and pass appropriate orders in accordance with law, within a period of twelve (12) weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law.
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6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
26.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mrn To:
1.The District Collector, Krishangiri District, Krishnagiri.
2.The District Revenue Officer, Hosur Taluk, Krishnagiri District.
3.The Tahsildar, Hosur Taluk, Krishnagiri District.
4.The Block Development Officer, Hosur Taluk, Krishnagiri District.
5.The Commissioner, Panchayat Union, Hosur Taluk, Krishnagiri District.
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MOHAMMED SHAFFIQ, J.
mrn 26.06.2025 6/6