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Madras High CourtWP/22118/2024disposed of

M.Kempanna v. The District Revenue Officer

2024-08-01Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024 W.P.No.22118 of 2024 M.Kempanna .. Petitioner

Versus

1. The District Revenue Officer, Krishnagiri.

2. The Assistant Director, Survey & Land Records Department, Collector Office, Krishnagiri District.

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

4. The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District.

.. Respondents Common Prayer: Writ Petitions filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the petitioners representation dated January 2022 for issuance of the patta in respect of land vacant land measuring to an extent of 7.50 Ares in Survey No 30/8A and the land measuring to an extent of 12.00 Ares in Survey No. 30/9A totally 34.50 Ares situated at Anumepalli Agraharam Village 1/6

Hosur Taluk, Krishnagiri District in compliance with the Judgment dated 09.07.2024 passed in W.A No. 2099 of 2023 within the time to be stipulated by this Court.

For Petitioners : Mr.Bharath Kumar [ in all WPs.] For Respondents : Mr.P.Sathish Additional Government Pleader COMMON ORDER With the consent of both sides, these Writ Petitions are taken up for final disposal at the admission stage itself.

2. These writ petitions have been filed to direct the first respondent to consider the representation of the petitioners for issuance of the patta in respect of their land in Anumepalli Agraharam Village, Hosur Taluk in compliance with the judgment of this Court in W.A.No.2099 of 2023 dated 09.07.2024 within the time stipulated by this Court.

3. Heard learned counsel for the petitioners and the learned Government Advocate appearing for the respondents and perused the materials available on record.

4. The case of the petitioners is that the petitioners are the owners of the 2/6

subject property. While so, during Updating Resettlement Scheme [UDR], the said land was wrongly classified as Parai Poramboke. Hence, the petitioners preferred an appeal before the third respondent to rectify the erroneous classification and the third respondent had also rectified the erroneous classification. Thereafter, the respondents have deleted the subdivisions in Survey Nos.30/8 and 30/9 and wrongly classified the same as 'Government Poramboke Parai'. As against which a Writ Petition in W.P.No.22365 of 2018 has been filed challenging the Order of the first respondent and this Court by an Order dated 26.10.2021 has set aside the Order of the first respondent and directed the first respondent to restore the wrong entries made in the revenue records. As against which, the respondents have filed a Writ Appeal in W.A.No.

2099 of 2023 and the same has been dismissed by this Court on 09.07.2024 and directed the respondents to implement the Order of this Court within a period of 12 weeks. Thereafter, the writ petitioners gave representation to the first respondent to implement the Orders of this Court. But the same has not been considered by the respondents. Hence, the present Writ Petitions.

5. The learned Additional Government Pleader appearing for the 3/6

respondents admitting the fact of the dismissal of the Writ Appeal filed by the respondents, submitted that the authorities will consider the case of the petitioners and pass Orders on the same.

6. Considering the fact that the matter has already reached finality in the Writ Appeal in W.A.N.2099 of 2023 by a judgment dated 09.07.2024, there shall be a direction to the first respondent to issue patta in favour of the petitioners within a period of two months from the date of receipt of a copy of this Order.

7. With the above direction, these Writ Petitions are disposed of. No costs.

01.08.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No Note : Issue Order copy on 23.08.2024 4/6

To,

1. The District Revenue Officer, Krishnagiri.

2. The Assistant Director, Survey & Land Records Department, Collector Office, Krishnagiri District.

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

4. The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District.

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N. SATHISH KUMAR , J.

vrc W.P.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024 01.08.2024 6/6