Mari Reddi v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2019

CORAM:

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN WRIT PETITION NO.27170 OF 2019 AND W.M.P.NO.26565 OF 2019 Mari Reddi .. Petitioner /versus/ 1.

The District Collector, Krishnagiri.

2.

The Sub Collector, 3.

The Revenue Divisional Officer, 4.

The Tahsildar, 5.

Gopal Reddi .. Respondents Writ Petition filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 herein to grant joint patta to the petitioner for the land in S.No.1/2 an extent of 4.10 acres in Madivalam Village, Hosur Taluk, Krishnagiri District in the petitioner's name.

For Petitioner :Mr.M.V.Krishnan For Respondents :Mr.N.Inbanathan, AGP for R1 to R4

O R D E R

By consent, the main writ petition is taken up for final disposal at the admission stage itself.

2. Heard Mr.M.V.Krishnan, learned counsel appearing for the petitioner and Mr.N.Inbanathan, learned Additional Government Pleader, who takes notice on behalf of respondents 1 to 4.

3. The prayer in the writ petition is to issue a Writ of Mandamus directing the respondents 1 to 4 herein to grant joint patta to the petitioner for the land in S.No.1/2 an extent of 4.10 acres in Madivalam Village, Hosur Taluk, Krishnagiri District in the petitioner's name.

4. The petitioner herein claiming joint ownership in the property in S.No.1/2 measuring to an extent of 4.10 acres in Madivalam Village, Hosur Taluk, Krishnagiri District, has issued notice through his lawyer to (i) the District Collector, Krishnagiri, (ii)the Sub Collector, Hosur; (iii) the Revenue Divisional Officer, Hosur and (iv) the Tahsildar, Hosur on 10.10.2018 that the property jointly owned by him which he has inherited from his mother Subbammal. It has been fraudulently alienated by Appanna Reddi and Gopal Reddi. In the notice, the petitioner has sought for inclusion of his name in the patta. He now alleges in the writ petition that the respondents have not acted upon the notice issued by the petitioner.

5. This Court could not find from the records whether the petitioner, who prays right over the property through his mother Subbammal, has ever applied for change of patta based on record. If not, it is open to the petitioner herein to make application to the Authorities with all relevant documents seeking joint patta in the said property and if such application is given, the concerned authorities shall pass appropriate orders, after causing enquiry and proceed in accordance with law.

6. Accordingly, this writ petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar ari To:

1.

The District Collector, Krishnagiri.

2.

The Sub Collector,

3.

The Revenue Divisional Officer, 4.

The Tahsildar, +1cc to Mr.M.V.Krishnan, Advocate, S.R.No.79163 +1cc to the Government Pleader, S.R.No.79330 W.P.No.27170 of 2019 VGI(CO) CS/23/10/2019