M.Venkatesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2015

CORAM

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.3539 of 2015 1.M.Venkatesh 2.Mrs.V.Deepa 3.Mrs.C.Rathinamma 4.M.Krishnappa 5.Mrs.S.Rupa 6.C.Moorthy 7.C.Mani 8.Mrs.Muniratninamma 9.Mrs.Radhamma 10.V.Srinivasa Reddy 11.Mrs.Nandhini 12.Mrs.B.Kavitha 13.V.Madhava Reddy 14.Mrs.Parimala 15.S.Sriram Reddy 16.K.Muguntha Reddy 17.R.Mohan 18.B.Ellappa 19.B.Chinnaiyya 20.S.Saila

...Petitioners

Vs.

1. The District Collector Krishnagiri District, Krishnagiri

2. The Thasildar Hosur Taluk, Hosur, Krishnagiri District.

3. M/s.Pash Space International Private Limited, Rep by its Chairman

...Respondents

Prayer:

Petition filed under section 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondents to consider the petitioners' representation dated 06.03.2006, 27.07.2006 and 18.12.2014 and grant separate Patta to the petitioners for the land situated in Krishnagiri district, B.S.Thimachanram Village in Survey No.78 and 86.

For Petitioner :

Mr.K.Nagarajan For Respondents :

Mr.S.Gunasekaran for R1 to R2 Government Advocate

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents 1 and 2. With the consent of either side, this writ petition is taken up for final disposal at the admission stage itself. 2.The petitioners have filed this writ petition seeking issuance of Mandamus directing the second respondent to consider the petitioners' representation dated 06.03.2006, 27.07.2006 and 18.12.2014 and grant separate Patta to the petitioners for the land situated in Krishnagiri district, B.S.Thimachanram Village in Survey No.78 and 86.

3.Admittedly, the land in question is Government land. Petitioners claim to be in possession of the land for 100 years. However, there is no records to establish the same. The kist receipt produced by the petitioners prima facie cannot be taken as a proof for the purpose of proving possession of the land. 4.In such circumstances, no writ of mandamus as sought for in this petition can be granted and hence, this writ petition is dismissed. However, this will not prevent the petitioners from presenting representation before the competent authorities. No costs.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

pri To

1. The District Collector Krishnagiri District, Krishnagiri

2. The Thasildar Hosur Taluk, Hosur, Krishnagiri District.

1 CC to Mr.N.Elayaraj, Advocate SR.No. 7812 1 CC to the Government Pleader, SR.No. 7886 W.P.No.3539 of 2015 CNR (CO) PSI (25.02.2015)