Madras High CourtWP/24292/2025disposed of

B.Basavaraj v. The Commissioner Of Land Administration

2025-07-07Honourable Mr.Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ

1. B.Basavaraj

2. Thimmojamma

3. Venkatalakshmi ... Petitioners Vs.

1. The Commissioner of Land Administration, Land Administration Department, 2nd Floor, Ezhilagam, Chepauk, Chennai - 600 005.

2. The District Collector, Krishnagiri District, Krishnagiri.

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

4. The Sub Collector, Hosur, Krishnagiri District.

5. The Tahsildar, Shoolagiri Taluk, Krishnagiri District.

6. The Village Administrative Officer, 146, Chennapalli Village, Shoolagiri Taluk, Krishnagiri District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondents to issue Kist / Tax Receipt for the year 2025, Adangal and Possession Certificate for the petitioners property comprised in Survey Nos.86/4, 87/3, 88/2 totally measuring to an extent of 5.54 acres situated at Chennapalli Village, Shoolagiri Taluk Krishanagiri District by considering the petitioners representations dated 10.03.2025, 05.05.2025 and 08.05.2025 within a period that will be fixed by this Court.

For Petitioners :

Mr.R.Jayaprakash For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing respondents 1 & 2 to issue Kist / Tax Receipt for the year 2025 and Adangal and Possession Certificate for petitioners' property pursuant to the representations submitted by petitioners on 10.03.2025, 05.05.2025 and 08.05.2025.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. The case of the petitioners is that the property comprised in Survey Nos.86/4, 87/3 & 88/2 measuring an extent of 5.54 acres situated at Chennapalli Village, Shoolagiri Taluk, Krishnagiri District are the ancestral property and the revenue records stands in the name of petitioners' father. Petitioners claimed that they are in continuous and peaceful possession of the entire property. It is submitted by the petitioners that during his father's lifetime, one Chikkappa allegedly forged his father's signature and created a

sale deed in his favour. Thereafter, on the basis of the alleged forged sale deed, subject property was transferred to Sikkaveerappa and Veeranagappa and UDR patta in respect of petitioners' property was issued in the name of Sikkaveerappa and Veeranagappa. Subject property was then sold by Sikkaveerappa and Veeranagappa to one Kariyappa, S/o.Bodiyappa in the year 1980. Patta was then issued in the name of Kariyappa, S/o.Bodiyappa. Aggrieved by the same, petitioners filed a petition before third respondent which was allowed vide proceedings dated 14.03.2008 finding that subject property was transferred on the basis of forged document and Patta was wrongly updated during UDR proceedings. Further, third respondent directed the officials to issue patta in the name of legal heirs of petitioners' father.

3.1. Aggrieved by the same, the said Kariyappa filed Revision Petition before first respondent which was disposed of with a direction to approach the competent Civil Court. O.S.No.109 of 2008 was filed by Kariyappa which was later withdrawn by him. In the meanwhile, One Bagyalakshmi claiming to have purchased the property, filed a suit in

O.S.No.177 of 2011 on the file of District Munsiff Court, Hosur and the said suit was dismissed. Subsequently, the appeal preferred by Bagyalakshmi in A.S.No.20 of 2018 was also dismissed. It is relevant to note that the affidavit filed in support of the writ petition does not setout details of Bagyalakshmi's vendor. In the said circumstances, petitioners submitted representation on 08.05.2025 to respondents 1 & 2 requesting to issue Tax Receipt, Adangal and Possession Certificate for the property in the petitioners' name. However, the same was not considered. Hence, the present writ petition has been filed.

4. At the outset, it is submitted by Mr.P.Sathish, learned Additional Government Pleader appearing for respondents would submit that the above representation would be considered and appropriate orders would be passed in accordance with law after issuing notice and affording a reasonable opportunity of hearing to the petitioners and any other interested parties within a time frame to be fixed by this Court, which was agreed to by the learned counsel for the petitioners.

5. In view thereof, this Writ Petition stands disposed of with a direction to concerned respondent to consider petitioners' representation dated 08.05.2025 and pass appropriate orders after issuing notice and affording a reasonable opportunity of hearing to the petitioners and any other interested parties within a period of sixteen weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. No costs. 07.07.2025 (2/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji