Madras High CourtWP/17758/2017disposed of

C.P. Munikrishanppa v. The District Collector

2017-07-13Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.07.2017

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No.17758 of 2017 1 C.P. Munikrishanppa 2 C.P.Ramakrishnappa ... Petitioners v.

1 The District Collector Krishnagiri 2 The Revenue Divisional Officer Hosur 3 The Thasildar Hosur 4 Gouramma 5 Subramani 6 Gangadharan 7 Muni Nagamma 8 Anitha ... Respondents Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus directing the respondents 1 to 3 to cancel the sub division of land in Survey No.461/7 of Mornapalli Village and consequently to cancel the individual patta granted in favour of 4-8 respondents and issue joint patta as reflected in early form in patta No.199, based on the representation dated 22.03.2017.

For Petitioner : Mr.C.Vishwanth For Respondent : Mr.S.N.Parthasarathy Govt. Advocate

ORDER

The petitioners have filed the above writ petition to issue a Writ of Mandamus, directing the respondents 1 to 3 to cancel the sub division of land in Survey No.461/7 of Mornapalli Village and consequently cancel the individual patta granted in favour of the respondents 4 to 8 and issue joint patta as stated in early form in patta No.199, based on the representation dated 22.03.2017.

2. The learned counsel appearing for the petitioners submitted that challenging the order passed by the 3rd respondent, for issuance of patta in respect of the land in Survey No.461/7 of Mornapalli Village, the petitioners have given a representation dated 22.03.2017 to the respondents 1 to 3.

3. The remedy open to the petitioner is to file an appeal before the 2nd respondent-Revenue Divisional Officer.

4. Mr.S.N.Parthasarathy, learned Government Advocate, taking notice for the respondents 1 to 3 submitted that the 2nd respondent may be directed to consider the petitioners' representation as an appeal and dispose of the same, in accordance with law, after giving notice to all the interested parties.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to treat the representation dated 22.03.2017 as an appeal and dispose of the same, in accordance with law, after giving notice to all the interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

With these observation, the writ petition is disposed of. No costs.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar Rj

To 1 The District Collector Krishnagiri 2 The Revenue Divisional Officer Hosur 3 The Thasildar Hosur +1cc to Mr.S.V.Vishwanth,Advocate sr.49196 +1cc to the Government Pleader sr.49663 W.P.No.17758 of 2017 gp(co) ss(26/7/2017)