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Madras High CourtWP/22412/2024disposed of

P.Narayanappa v. The District Collector

2024-08-08Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.08.2024

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR W.P No.22412 of 2024 P.Narayanappa

...Petitioner

Vs.

1.The District Collector Krishnagiri District Krishnagiri.

2.The District Revenue Officer Krishnagiri District Krishnagiri.

3.The Sub-Collector Hosur Krishnagiri District.

4.The Tahsildar Shoolagiri Taluk Krishnagiri District.

5.Periya Sonnappa

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to cancel the patta No.366 for the lands measuring 0.375 acre in Survey Nos.189/7, 189/9 & 189/20 situated at Pannapalli Village, Shoolagiri Taluk, Krishnagiri District in the name of the fifth respondent and to issue patta in the name of the petitioner's father, Pethapajjappa, son of Neerkatti Sonnappa by considering the petitioner's representation dated 29.04.2024. For Petitioner : Mr.R.Jayaprakash For Respondent : Mr.A.Selvendran for R1 to R4 Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents 1 to 4 to cancel the Patta No.366 issued in the name of the fifth respondent in respect of land situated in S.Nos.189/7, 189/9 & 189/20 at Pannapalli Village, Shoolagiri Taluk, Krishnagiri District, by considering his representation dated 29.04.2024. 2/5

2. According to the petitioner, the above mentioned property belongs to his grand father Pethapajjappa son of Neerkatti Sonnappa. The petitioner further claimed that patta was wrongly issued in the name of the fifth respondent for the above mentioned property without considering the partition that have taken place in the family in the year 1950. Therefore, he submitted a representation on 29.04.2024 to the respondents seeking cancellation of the patta issued in the name of the fifth respondent, but the same has not been considered.

3. Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 to 4 would submit that the petitioner is relying on an unregistered partition deed and therefore, his claim is doubtful.

4. In view of the fact that the representation submitted by the petitioner is still pending with the respondents without expressing any opinion on the right of the petitioner to claim exclusive patta, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 29.04.2024 and pass final orders on merits, within a period of eight weeks from the date of receipt of copy of this order, after issuing notice to the fifth respondent.

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5. With the above direction, this Writ Petition is disposed of. No costs.

08.08.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order dna To 1.The District Collector Krishnagiri District Krishnagiri.

2.The District Revenue Officer Krishnagiri District Krishnagiri.

3.The Sub-Collector Hosur Krishnagiri District.

4.The Tahsildar Shoolagiri Taluk Krishnagiri District.

S.SOUNTHAR , J.

dna 4/5

W.P No.22412 of 2024 08.08.2024 5/5