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Madras High CourtWP/27188/2016disposed of

C.Theerthagiri v. The District Collector

2016-08-04Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.27188/2016 C.Theeerthagiri ..

Petitioner

Versus

1.The District Collector District Collectorate Office Krishnagiri District.

2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Krishnagiri-635001, Krishnagiri District.

3.The Tahsildar Tahsildar office Oothangarai Taluk, Krishnagiri District.

..

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 3rd respondent to implement the order of the 2nd respondent dated 25.04.2011.

For Petitioner : Mr.K.Karunakaran For R1 to R3 : Mr.S.Pattabiraman, GA

ORDER

By consent, the writ petition is taken up for final disposal.

The petitioner claims that he belongs to Scheduled Caste [Arunthathiyar] Community and he was issued with a free land patta in respect of the land admeasuring to an extent of 0.31.50 hectares in S.No.30/6, vide proceedings in A.Ko.No.5559/A[2] 1414 [B3] dated February 2005 and the petitioner claims to be in possession of the said land and doing agricultural operations. The petitioner, on account of vagaries of weather, could not carry on the agricultural operations and taking advantage of the same, one Nagarajan and his wife Latha had illegally occupied the land and also managed to obtain patta in their favour. The petitioner in this regard, has submitted a representation to the 2nd https://hcservices.ecourts.gov.in/hcservices/

respondent dated 16.09.2013 to set right the mistake and the 2nd respondent, vide Memos dated 30.08.2013 and 15.09.2013 in proceedings X/K.3380/2013/$p and e/f/vz; 3730/2013/$p respectively, has directed the Tahsildar, the 3rd respondent herein, to conduct an enquiry and forward a report along with the documents and despite the said direction, the 3rd respondent did not take any action and therefore, the petitioner came forward to file the present writ petition. Heard the submissions of the learned counsel for the petitioner and Mr.S.Pattabiraman, learned Government Advocate, who accepts notice on behalf of the respondents.

This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 3rd respondent to act on the communications of the 2nd respondent in Memo Nos.X/K.3380/2013/$p and e/f/vz; 3730/2013/$p dated 30.08.2013 and 15.09.2013 respectively and pass orders on the representation of the petitioner dated 25.04.2011 in accordance with law, after putting on notice, Thiru.Nagarajan and Tmt.latha, W/o.Nagarjan, within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as the said persons.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar AP To 1.The District Collector District Collectorate Office Krishnagiri District.

2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer Krishnagiri-635001, Krishnagiri District.

3.The Tahsildar Tahsildar office Oothangarai Taluk, Krishnagiri District 1 cc to Mr.Karunakaran, Advocate, sr.45070 1 cc to Government Pleader, sr.44582 W.P.No.27188/2016 bvr co, kra 23.08.2016 https://hcservices.ecourts.gov.in/hcservices/