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Madras High CourtWP/16006/2018disposed of

M.Venkatesh, v. The District Revenue Officer

2018-09-03Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.09.2018

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.16006 of 2018 M.Venkatesh

...Petitioner

Vs 1.The District Revenue Officer, Krishnagiri, 2.The Sub Collector, Hosur, Krishnagiri District, Krishnagiri.

3.The Tahsildar, Hosur Taluk, 4.Thippaiah

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the first respondent to remove the name of the fourth respondent from the patta bearing Patta No.211 for the property in S.No.672/2A2 measuring to an extent of 0.05.0 Hectare at Mookandapallai Village, Hosur Taluk, Krishnagiri District by considering the petitioner's representation dated 22.03.2018.

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.J.Ramesh, AGP

ORDER

The petitioner has come up with this writ petition seeking a direction to the first respondent to remove the name of the fourth respondent in the patta bearing No.211 in respect of the land in S.No.672/2A2 situated at Mookandapalli Village, Hosur Taluk Krishnagiri District, by considering his representation dated 22.03.2018.

2.According to the petitioner, he has been in possession and enjoyment of the land in S.No.672/2A measuring to an extent of 1.69 acres, which is the self acquired property of his grandfather. During the UDR proceedings, the aforesaid land was sub-divided as S.No.672/2A1 with an extent of 0.63.5 Hectare and S.No.672/2A2 with an extent of 0.05.0 Hectare, for which, patta was wrongly issued to one A.Nanjappa and Thippaiah

respectively. Thereafter, at the request of the petitioner, the name of A.Nanjappa was removed and his name along with his brothers and sister names was included in the patta bearing No.353 for the land in S.No.672/2A1. However, the name of the fourth respondent viz., Thippaiah was not removed with respect to the land in S.No.672/2A2, which compelled the petitioner to make several representations to the Revenue officials, but none yielded any response. Hence, the petitioner is before this Court.

3.Heard the learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 3. They jointly submitted that the first respondent be directed to consider the petitioner's representation dated 22.03.2018 claiming the relief as sought for in this writ petition and pass appropriate orders, within a time frame to be fixed by this Court.

4.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to consider the representation of the petitioner dated 22.03.2018 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of personal hearing to the petitioner, fourth respondent as well as any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

5.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar rk To 1.The District Revenue Officer, Krishnagiri, 2.The Sub Collector, Hosur, Krishnagiri District, Krishnagiri.

3.The Tahsildar, Hosur Taluk, +1cc to Mr.R.Jayaprakash, Advocate, S.R.No.60778 +1cc to the Government Pleader, S.R.No.61285 W.P.No.16006 of 2018 RSV(CO) rrs 03/12/2018