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Madras High CourtWP/20855/2021disposed of

Krishnappa v. The District Collector

2021-09-29Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.09.2021

CORAM

THE HON'BLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No. 20855 of 2021 Krishnappa

...Petitioner

Vs 1.The District Collector, District Collector Office, 2.The Special Tahsildar, Adi-Dravidar Welfare Department, Krishnagiri,

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of a writ of Mandamus praying to direct the respondents to consider and pass orders on the petitioner's representation dated 09.08.2021 with regard to take steps to measure and demarcate the petitioner's land in Survey No.72, extent 3 cents in Komaranapalli Village, Denkanikottai Taluk, Krishagiri District and to register the same in the records of the Komaranapalli village within a time frame that may be fixed by this Court.

For Petitioner :

Mr.T.Elumalai For Respondents : Mr.Yogesh Kannadasan Government Advocate

ORDER

This writ petition has been filed for a mandamus to direct the respondents to consider and pass orders on the petitioner's representation dated 09.08.2021 with regard to take steps to measure and demarcate the petitioner's land in S.No.72, extent 3 cents in Komaranapalli Village, Denkanikottai Taluk, Krishnagiri District and to register the same in the records of the Komaranapalli village within a time frame.

2.The case of the petitioner is that the house site in S.No.72 situated at Komaarapalli, Thenkanikottai Taluk, Old Dharmapuri District was acquired and in proceedings No.13/98-

99 dated 19.03.1999 in Na.Ka.986/98, the Tahsildar, Krishnagiri had issued patta on 12.07.1999 to 42 Adi Dravidar families for the land measuring an extent of 0.03 cents per family and thereby issued patta to 42 families. 3.The petitioner submits that he has been using it for the cattle similar to others who have received the patta lands and no one has settled in that place since there was no basic amenities like water facility, electricity and roads. 4.The petitioner further submits that he intends to construct a house in the said plot and he is not intending to sell the land rather he wants the Authorities to consider his representation to measure and demarcate the petitioner's land in S.No.72 extent 3 cents in the Koamaranapalli Village and to pass orders within a time frame, but the respondents have neither considered the representation nor acted upon the representation.

5.The petitioner has no other alternative remedy except to approach this Court under Article 226 of the Constitution of India. Hence, the writ petition filed.

6.Heard, learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

7.In view of the above facts and circumstances of the case and considering the submission made by the petitioner and without expressing any opinion on merits, this Court directs the Authorities to consider the representation dated 09.08.2021 and pass appropriate orders in accordance with law and also procedures established under law, within a period of four months from the date of receipt of a copy of this order. 8.With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-VI) //True Copy// Sub Assistant Registrar pam/skr To

1. The District Collector, District Collector Office,

2. The Special Tahsildar, Adi-Dravidar Welfare Department, Krishnagiri, +1cc to Mr.T.Elumalai, Advocate SR. No.50945 +1cc to the Government Pleader SR. No.51249 W.P.No.20855 of 2021 KG (CO) PR (06/12/2021)