Madras High CourtWP/22113/2016disposed of

M.Venkatesh v. The Sub Collector

2016-06-29Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:29.06.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.22113 of 2016 M.Venkatesh ..

Petitioner Vs.

1.The Sub Collector O/o.the Sub Collector, Hosur 635 109 Krishnagiri District.

2.Muniyappa 3.Krishnamma 4.Chinnasamy ..

Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 1st respondent to remove the 2-4 respondents name in patta No.821 based on the representation dated 01.01.2014. For Petitioner : Mr.S.C.Viswanth For R1 to R3 : Mr.R.Govindasamy, Special Government Pleader

ORDER

By consent, the writ petition is taken up for final disposal. 2 The petitioner claims that he is the owner of the property in Survey Nos.1273/7, 1274/4 and 1275/4B situated in Aayarnapalli village, Hosur Taluk, Krishnagiri District, by virtue of a Settlement Deed dated 05.05.2008 executed by his grandfather in his favour. According to the petitioner, patta was also issued in his favour and the grievance expressed by the petitioner is that the respondents 2 to 4 tried to alienate a portion of the property in S.No.1274/4 admeasuring to an extent of 0.20.0 ares in favour of the 4th respondent, taking advantage of the fact that their names finds place in patta No.821. The petitioner, in this regard, has submitted a representation dated 01.01.2014 to the 1st respondent and since orders have been passed, he came forward to file the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

3 Heard the submissions of the learned counsel for the petitioner ; Mr.R.Govindasamy, learned Special Government Pleader who accepts notice on behalf of the 1st respondent. 4 Though the petitioner has prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 1st respondent to consider and dispose of the petitioner's application/representation dated 01.01.2014 on merits and in accordance with law, after putting on notice the respondents 2 to 4 and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 2 to 4.

5 The writ petition is disposed of with the above direction. No costs.

-s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar AP To The Sub Collector O/o.the Sub Collector, Hosur 635 109 rishnagiri District.

+1 cc to Mr.Viswanath Advocate sr.36994 +1 cc to Government Pleader sr.36592 W.P.No.22113 of 2016 aa14/07/2016 https://hcservices.ecourts.gov.in/hcservices/