V.Narayanan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.02.2018

CORAM

THE HONOURABLE MR.JUSTICE K. RAVICHANDRABAABU W.P.No.2969 of 2018 V.Narayanan S/o.Late Venkatappa ... Petitioner .vs.

1.

The District Collector Krishnagiri District Krishnagiri.

2.

The Sub-Collector Hosur, 3.

The Tahsildar Hosur, 4.

The Revenue Officer Mathigiri 5.

V.Muniraj S/o.Venkatesh

...Respondents

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to consider the representation dated 08.01.2018 submitted by the petitioner herein within a stipulated period. For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.E.Balamurugan Additional Government Pleader For R1 to R4.

O R D E R

Mr.E.Balamurugan, learned Additional Government Pleader takes notice for the respondents 1 to 4. Since this writ petition is being disposed of, without affecting the interest of

the fifth respondent, notice to the said respondent is dispensed with.

2. The petitioner seeks for a mandamus directing the respondents 1 to 3 to consider his representation dated 08.01.2018, wherein and whereby, he requested the official respondents not to grant Patta in favour of the fifth respondent in respect of the subject matter land.

3. The learned counsel for the petitioner submitted that the petitioner is the owner of the subject matter land in pursuant to the compromise decree passed in O.S.Nos.177/1959 and 59 of 2009. Therefore, it is contended by the petitioner that the fifth respondent, who is not the owner of the property, is not entitled to get any Patta in his favour.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the official respondents, more particularly, the third respondent to consider and decide. Accordingly, this writ petition is disposed of, only with a direction to the third respondent to consider the representation of the petitioner dated 08.01.2018 and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the fifth respondent and other interested persons, if any. Such exercise shall be done by the third respondent, if there is no legal impediment for him to do so, within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar mk To 1.

The District Collector Krishnagiri District Krishnagiri.

2.

The Sub-Collector Hosur, 3.

The Tahsildar Hosur, Krishnagiri District.

4.

The Revenue Officer Mathigiri +1cc to Mr.K.Govi Ganesan, Advocate, S.R.No.10716 +1cc to the Government Pleader, S.R.No.10953 W.P.No.2969 of 2018 CS/21/02/18