Krishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.40282 of 2015 & M.P.No.1 of 2015 and W.M.P.No.18852 of 2017 Krishnan ... Petitioner v.

1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Tahsildar, Denkanikottai Taluk, Krishnagiri.

3.Narayanappa 4.Ramachandran ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of Mandamus forbearing the respondents 1 and 2 herein from in anyway granting patta in favour of the Respondents 3 and 4 for the lands comprised in S.Nos.1471/1 to 1471/7 and S.No.1467 situated in Santhanapalli Village, Denkanikottai Taluk, Krishnagiri District, without giving an opportunity to the Petitioner herein. For Petitioner : Mr.S. Vijayakumar For Respondents : Mr. E. Balamurugan Additional Government Pleader (R1 & 2) Mr. M.P. Saravanan (R3 & 4)

O R D E R

Heard the learned counsel for the petitioner, Mr.E.Balamurugan, learned Additional Government Pleader appearing for the respondents 1 and 2 and Mr.M.P.Saravanan, learned counsel for the respondents 3 and 4.

2. The petitioner has filed the above Writ Petition to issue a writ of Mandamus, forbearing the respondents 1 and 2 from granting patta in favour of the respondents 3 and 4 for the lands comprised in S.Nos.1471/1 to 1471/7 and S.No.1467 situated in Santhanapalli Village, Denkanikottai Taluk, Krishnagiri District, without giving an opportunity to him. 3.It is the case of the petitioner that at the time of granting patta in respect of lands stated above, he should be given an opportunity to put forthwith his case at the time of issuing patta.

4.The learned counsel appearing for the respondents 3 & 4 submitted that he has no objection for allowing the writ petition. Mr.E.Balamurugan, learned Additional Government Pleader appearing for the respondents 1 & 2 submitted that the respondents 1 and 2 shall given an opportunity of hearing to all the interested parties, at the time of granting patta.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 2nd respondent to give an opportunity to all the interested parties, at the time of issuing patta in respect of lands comprised in S.Nos. 1471/1 to 1471/7 and S.No.1467 situated in Santhanapalli Village, Denkanikottai Taluk, Krishnagiri District.

6. With this observation, the Writ Petition is disposed of. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar nl/Rg To 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The Tahsildar, Denkanikottai Taluk, Krishnagiri.

+1 cc to Mr.S.Vijayakumar Advocate sr 50753 +1 cc to Mr.M.P.Saravanan Advocate sr 50791 +1 cc to the Government Pleader sr 51419 W.P.No.40282 of 2015 sv(co) aa02/08/2017