C. Rama Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.09.2021
CORAM:
THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.NO.20556 OF 2021 C.Rama Reddy ...Petitioner ..Vs..
1.
The District Collector, Krishnagiri District, Krishnagiri.
2.
The District Revenue Officer, Krishnagiri District, Krishnagiri.
3.
The Tashildar, Hosur Taluk, Krishnagiri District. ...Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 3 to consider the petitioner's representation dated 16.08.2021 seeking for grant of Patta for the property situated at Jothikalamanappalli Village, Hosur Taluk, Krishnagiri District, comprised in S.No.70 - 0.51 cents and S.No.71 - Acre 1.67 cents in all totalling to an extent of Acre 2.18 cents.
For Petitioner : Mr.R.Thanjan For Respondents : Mr.Yogesh Kannadasan Government Advocate
ORDER
This writ petition has been filed for issuance of a Writ of Mandamus, direction to the respondents 1 to 3 to consider the petitioner's representation dated 16.08.2021 seeking for grant of Patta for the property situated at Jothikalamanappalli Village, Hosur Taluk, Krishnagiri District, comprised in S.No.70 - 0.51 cents and S.No.71 - Acre 1.67 cents in all totaling measuring to an extent of Acre 2.18 cents.
2.The case of the petitioner is that the aforesaid property was originally owned and in possession of his fore fathers
namely (1) Pethapenna Reddy, (2) Jangam Reddy, the petitioner's father Chinna @ Venkata Reddy and subsequently, the petitioner is in possession and enjoyment of the same and he has paid necessary taxes and appropriate charges to the property. On 31.05.1939, Joint Ryoti Patta was issued by the Revenue Authority in favour of the petitioner's father for the Survey Nos.70 and 71 measuring to an extent of Acres 2.18 cents along with the properties possessed by others contained in the list of properties. During the life time of his forefathers and himself cultivating the said property till date. However, an indivitual patta was not granted either to his forefathers or to him. Hence, the petitioner made several representations dated 16.08.2019 before the respondents requesting them to grant patta in favour of the petitioner separately.
Finally, the petitioner made another representation dated 16.08.2021 before the respondents on Monday Petition for issuance of Patta in the petitioner's name. After receiving such representations, till date, no action has been taken by the Revenue Authorities. Therefore, the writ petitioner has come foward with the present writ petition.
3. The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the respondents to consider the petitioner's representation dated 16.08.2021 and dispose of the same within a stipulated time that may be framed by this Court.
4. Heard both sides and perused the materials available on record.
5. Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the respondents to consider the petitioner's representation dated 16.08.2021 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity to the petitioner and respondents within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar gba/msm
To 1.
The District Collector, Krishnagiri District, Krishnagiri.
2.
The District Revenue Officer, Krishnagiri District, Krishnagiri.
3.
The Tashildar, Hosur Taluk, Krishnagiri District.
+1cc to Mr.R.Thanjan, Advocate, S.R.No.49350 +1cc to the Government Pleader, S.R.No.50089 W.P.No.20556 of 2021 RSI(CO) CS/20/10/2021