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Madras High CourtWP/38413/2016dismissed

H.R.Nagaraj, v. The District Collector,

2018-09-19Honourable Mr Justice S. M. Subramaniam2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2018

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.38413 of 2016 H.R.Nagaraj

...Petitioner

vs 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Sub-Collector, Hosur, Krishnagiri District.

3.The Tahsildar, Hosur Taluk, Hosur.

4.H.Ilyaz Khan ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to consider the petitioner's representation dated 12.09.2016.

For Petitioner : Mr.R.Jayaprrakash For Respondents: Mr.R.S.Selvam, GA for R1 to R3 Mr.V.Raghavachari for R4

O R D E R

The learned counsel for the petitioner states that the patta was granted in his favour by the competent revenue officials under the provisions of the Patta Pass Book Act, 1983. The petitioner, now raises an apprehension that the patta may be cancelled at the instance of the 4th respondent. https://hcservices.ecourts.gov.in/hcservices/

2.However, this Court is of an opinion that on mere apprehension, no writ petition can be entertained. In the event of entertaining any such appeal preferred by the 4th respondent for cancellation of patta, then the competent authorities may issue notice to all the parties concerned and thereafter, conduct an enquiry and pass orders on merits and in accordance with law.

3.With these observations, the writ petition stands dismissed. However, there shall be no order as to costs. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kak To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Sub-Collector, Hosur, Krishnagiri District.

3.The Tahsildar, Hosur Taluk, Hosur.

+1cc to Mr.R.Jayaprakash, Advocate Sr.65324 +1cc to Mr.V.Raghavachari, Advocate Sr.65307 +1cc to the Government Pleader Sr.65482 W.P.No.38413 of 2016 ks[co] srg 04/10/2018 https://hcservices.ecourts.gov.in/hcservices/