M.Leelavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR M.Leelavathi .. Petitioner

Versus

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Hosur Taluk, Krishnagiri District.

5. The Commissioner, Hosur Municipality, Bagalur Road, Hosur, Krishnagiri District.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to remove the name of the 5th respondent Municipality in respect of the petitioners mothers property at S.No. 75/2 to an extent of 0.07.5 Hectare situated at Hosur Village, Hosur Taluk, Krishnagiri District and restore the property in the petitioner name by making necessary corrections in the Survey Number by considering the petitioner's representation dated 01.07.2023. 1/5

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.P.Sathish Additional Government Pleader - R1 to R4 Mr.T.Balaji, Standing Counsel - R5

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the respondents 1 to 4 to remove the name of the fifth respondent Municipality in respect of the petitioners mothers property at S.No. 75/2 to an extent of 0.07.5 Hectare situated at Hosur Village, Hosur Taluk, Krishnagiri District and restore the property in the petitioner name by making necessary corrections in the Survey Number by considering the representation of the petitioner dated 01.07.2023.

3. Heard learned counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 to 4 and the Standing Counsel appearing for the fifth respondent and perused the materials available on record.

2/5

4. The case of the writ petitioner is that the property in survey No.75/2 originally belong to the mother of the petitioner. While so, the property has been wrongly converted to the name of the fifth respondent. In this regard the petitioner has given a representation to the respondents on 01.07.2023. However, no action has been taken by the respondents till date. Hence, the present Writ Petition has been filed.

5. The learned counsel appearing for the petitioner submitted that in the communication sent by the Tahsildar to the Revenue Divisional Officer in Na.Ka.5454/2023/A2, dated 21.11.2023, the Tahsildar had recommended for change of name in favour of the petitioner and the said equiry has been conducted based on the entry found in the UDR Register, UDR Sketch and TSLR register and other documents.

6. Considering the limited relief sought for by the petitioner and as it appears that the Tahsildar has also sent a report to the Revenue Divisional Officer recommended for change of name in favour of the petitioner, the respondents 1 to 4 directed to consider the representation of the petitioner dated 01.07.2023 and pass Order on merits, after giving opportunity to the petitioner and the fifth respondent within a period of two months from the date of receipt of a copy of this Order.

3/5

7. With the above direction, this Writ Petitioner is disposed of. No costs.

19.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District, Krishnagiri.

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Hosur Taluk, Krishnagiri District.

5. The Commissioner, Hosur Municipality, Bagalur Road, Hosur, Krishnagiri District.

4/5

N. SATHISH KUMAR , J.

vrc W.P.No.23058 of 2023 19.06.2024 5/5