← Library
Madras High CourtWP/1774/2018disposed of

Mallesh, v. The Sub Collector,

2018-01-30Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.1774 of 2018 1.

Mallesh S/o.Narayanappa 2.

Rathinamma D/o.Narayanappa .. Petitioners Vs.

1.

The Sub Collector Sub Collector Office Hosur, 2.

The Tahsildar Taluk Office Shoolagiri Taluk, 3.

The Village Administrative Officer Village Administrative Office Nallaganakothapalli Shoolagiri Taluk, 4.

Kalai Magal Sabha Door No.67A, Puthupalli Palayam Road, Komarapalayam Town Korapalayam Agraharam Village, Thiruchengode Taluk, Salem District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the 1st respondent herein to consider and pass orders on the petitioner's representation dated 25.11.2017 for cancellation of Patta No.4174 in respect of the land to an extent of 0.42.27 hectare in Survey No.302/3B1A situated at Nallaganakothapalli Village, Shoolagiri Taluk, Krishnagiri District, within the time stipulated.

For Petitioners : Mr.R.Bharath Kumar For Respondents : Mr.S.Soundararajan Government Advocate for R1 to R3

O R D E R

Mr.S.Soundararajan, learned Government Advocate takes notice for the respondents 1 to 3. Since this writ petition is being disposed of, without affecting the interest of the fourth respondent, notice to the fourth respondent is dispensed with.

2. The petitioners seek for a direction to the first respondent to consider and pass orders on the their representation dated 25.11.2017, wherein and whereby, they sought for cancellation of Patta No.4174 in respect of the land measuring to an extent of 0.42.27 hectare in Survey No.302/3B1A situated at Nallaganakothapalli Village, Shoolagiri Taluk, Krishnagiri District, in favour of the fourth respondent.

3. According to the petitioners, the fourth respondent is not entitled to have such patta in their name and on the other hand, the petitioners are entitled to have such patta. Ventilating such grievance, the petitioners have approached the respondents, by way of a representation dated 25.11.2017.

4. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioners, as it is for the first respondent to consider and decide the same. Accordingly, this writ petition is disposed of, only with a direction to the first respondent to consider the representation of the petitioners dated 25.11.2017 and pass orders on the same, after hearing the petitioners as well as the fourth respondent and also other interested persons, if any. Such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar mk To 1.

The Sub Collector Sub Collector Office Hosur,

2.

The Tahsildar Taluk Office Shoolagiri Taluk, 3.

The Village Administrative Officer Village Administrative Office Nallaganakothapalli Shoolagiri Taluk, 4.

Kalai Magal Sabha Door No.67A, Puthupalli Palayam Road, Komarapalayam Town Korapalayam Agraharam Village, Thiruchengode Taluk, Salem District.

+1cc to Government Pleader SR.No.6957 +1cc to Mr.R.Bharathkumar, Advocate SR.No.7331 SSI(CO) sm:13.2.2018 W.P.No.1774 of 2018