K.Anbazhagan, v. The District Revenue Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.23735 of 2016 K.Anbazhagan ... Petitioner Vs.

1 The District Revenue Officer Krishnagiri.

2 The Revenue Divisional Officer Hosur.

3 The Tahsildar Hosur Taluk Office, Hosur.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to delete the wrong entries made in the revenue records in respect of 30/8 (0.18.0 Hectare) and 30/9 (0.61.0 Hectare), Anumepalli Village, H/o.Zuzuwadi, Hosur Taluk, Krishnagiri District and issue patta to the petitioner on the basis of the Report of the 3rd respondent issued in Na.Ka.436/2014/C2 dated 3.11.2015 and report of the Assistant Director, Survey and Land records issued in Na.Ka.D5/1184/2016 dated 26.5.2016 within the time to be stipulated by this Honourable Court. For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.P.Sanjai Gandhi Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner claims to have purchased land admeasuring an extent of 1560 sq.ft in Survey No.30/8 and 990 sq.ft in Survey No.30/9 totalling 2555 sq.ft from Thiru.Venkatesappa vide registered sale deed bearing document no.2050/2005 dated 10.03.2005, registered on the file of the Sub Registrar, Hosur and subsequently, vide rectification deed bearing document

no.4498 of 2005 dated 26.05.2005, registered on the file of the same office, certain defects in survey numbers were rectified. The petitioner was also issued with computerized patta no.182 and is in peaceful possession and enjoyment of the same. 3.The grievance expressed by the petitioner is that without putting the petitioner on notice, the respondents have wrongly classified the land as 'Government Poramboke Parai'. In this regard, the petitioner submitted a representation dated 16.02.2015, to the respondents, based on which, the third respondent has also conducted an enquiry and made positive recommendation to the second respondent vide report dated 03.11.2015, made in Na.Ka.436/2014/C2. The District Revenue Officer, Krishnagiri has also vide proceedings in Na.Ka.No.5601/2015/J2 dated 30.03.

2016, directed the Personal Assistant of the District Collector (Survey) to inspect the land and submit report and accordingly, the Assistant Director, Survey and Land Records Department, Krishnagiri also conducted an enquiry and forwarded the report dated 26.05.2016 to the first respondent making positive recommendation and despite that, no orders have been passed and hence, came forward to file this writ petition.

4.Heard the submissions of Mr.R.Bharath Kumar, learned counsel appearing for the petitioner and Mr.P.Sanjai Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5.Though the petitioner prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the first respondent to take note of the letter of the Assistant Director, Survey and Land Records Department, Krishnagiri dated 26.05.2016, in Na.Ka.No.D5/1184/2016 and pass orders on the representation of the petitioner dated 16.02.2015, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner.

6.The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar pri

To 1 The District Revenue Officer Krishnagiri.

2 The Revenue Divisional Officer Hosur.

3 The Tahsildar Hosur Taluk Office, Hosur.

+1cc to M/s. R. Bharth Kumar, Advocate, S.R.No.38716 +1cc to the Government Pleader, S.R.No.39157 PPA(CO) EU(05/08/2016) W.P.No.23735 of 2016