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Madras High CourtWP/14699/2024disposed of

M.Shanmugam v. The District Collector

2024-06-11Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.14699 of 2024

1. M.Shanmugam

2. M.Balakrishnan

3. Parvathi .. Petitioners

Versus

1. The District Collector, Krishnagiri District, Krishnagiri - 635 001.

2. The Revenue Divisional Officer, Krishnagiri - 635 001, Krishnagiri District.

3. The Tahsildar, Krishnagiri Taluk, Krishnagiri - 635 001, Krishnagiri District.

4. The Town Surveyor, Krishnagiri Town, Krishnagiri - 635 001, Krishnagiri District.

5. A.Joe .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the representation of the petitioners dated 12.03.2024 and the online application dated 12.03.2024 to correct the mistake by cancelling the patta issued to the fifth respondent with respect to the land measuring 276 sq.m comprised in New Survey No. 120 (Old Survey No. 779/ part) Boganapalli 1/5

Village Katikanapalli Krishnagiri taluk and issue joint patta to the petitioners and pass necessary orders within the time that my be fixed by this Court. For Petitioners : Mr.P.Mani For Respondents : Mr.G.Ameedius Government Advocate - R1 to R4

ORDER

Since no adverse Order has been passed against the fifth respondent, notice to him is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the second respondent to consider the representation of the petitioners dated 12.03.2024 and the online application dated 12.03.2024 to correct the mistake by cancelling the patta issued to the fifth respondent with respect to the land measuring 276 sq.m comprised in New Survey No. 120 (Old Survey No. 779/ part) Boganapalli Village Katikanapalli Krishnagiri taluk and issue joint patta to the petitioners and pass necessary orders within the time that my be fixed by this Court.

3. Heard learned counsel for the petitioners and the learned Government Advocate appearing for the respondents 1 to 4 and perused the materials 2/5

available on record.

4. The case of the petitioners is that the subject property belong to the father of the first and second petitioners and father-in-law of the third petitioner and after his death, the petitioners have been in joint possession and enjoyment of the property. While so, during the year 2017 patta has been issued in the name of the fifth respondent including the land belonging to the petitioners. In this regard, the petitioners have given a representation to the second respondents to correct the mistake by cancelling the patta issued to the fifth respondent and the same has not been considered by him. Hence, the present Writ Petition.

5. Considering the limited prayer sought for in the Writ Petition, without going into the merits of the case, the second respondent is directed to consider the representation of the petitioners dated 12.03.2024 and pass Order on merits and in accordance with law, after hearing the petitioners and the fifth respondent, within a period of two months from the date of receipt of a copy of the Order.

6. With the above direction, this writ petition is disposed of. No costs. 3/5

11.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Krishnagiri District, Krishnagiri - 635 001.

2. The Revenue Divisional Officer, Krishnagiri - 635 001, Krishnagiri District.

3. The Tahsildar, Krishnagiri Taluk, Krishnagiri - 635 001, Krishnagiri District.

4. The Town Surveyor, Krishnagiri Town, Krishnagiri - 635 001, Krishnagiri District.

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N. SATHISH KUMAR , J.

vrc W.P.No.14699 of 2024 11.06.2024 5/5