C.Rama Reddy v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.Rama Reddy ... Petitioner Vs.
1. The District Collector, Krishnagiri District, Krishnagiri.
2. The District Revenue Officer, Krishnagiri District, Krishnagiri.
3. The Tahsildar, Hosur Taluk, Krishnagiri District - 635 109.
4. The Revenue Inspector, Bagalur, Hosur Taluk, Krishnagiri District - 635 103.
5. The Village Administrative Officer, Batavarapalli, Hosur Taluk, Krishnagiri District - 635 103.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, forbearing the respondents 3 to 5 from interfering the peaceful possession and enjoyment of cultivation of the land situated at Jothikalamanappalli Village, Hosur Taluk, Krishnagiri District comprised in Survey No.70, to an extent of 0.51 cents and S.No.71, to an extent of acre 1.67 cents in all totaling to an extent of 2.18 cents till the disposal of the enquiry pending on the file of the second respondent. For Petitioner :
Mr.M.Raja For Respondents :
Mr.A.Selvendran Special Government Pleader
O R D E R
This writ petition has been filed seeking to forbear the respondents 3 to 5 from interfering the peaceful possession and enjoyment of cultivation of the land situated at Jothikalamanappalli Village, Hosur Taluk, Krishnagiri District comprised in Survey No.70, measuring an extent of 0.51 cents and Survey No.71, measuring an extent of 1.67 cents in all measuring about 2.18 cents till the disposal of the enquiry pending on the file of second respondent.
2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
3. Learned counsel for petitioner would submit that earlier a writ petition was filed by the very same petitioner praying for a writ of mandamus to consider the representation of petitioner dated 16.08.2021 seeking issuance of patta in respect of the property comprised in Survey Nos.70 & 71 measuring an extent of 0.51 cents and 1.67 cents in all measuring about 2.18 cents. Pursuant to that, this Court, vide order dated 24.09.2021, issued a direction to the respondents therein to consider the representation of petitioner.
4. It is submitted by learned Special Government Pleader that notice was issued on 12.05.2025 calling upon the petitioner to appear for enquiry. However, petitioner instead of participating in the enquiry, had approached this Court. It is under these circumstances, the present writ petition came to be filed.
5. Learned Special Government Pleader would further submit that the classification of land is quarry, i.e., water body, thus petitioner may not
have any right whatsoever to continue in possession. In any event, since the enquiry is underway. He would submit that this Court may issue a direction to petitioner to participate in the enquiry and thereafter orders would be passed within a period of four weeks, which was agreed to by learned counsel for petitioner.
6. In view thereof, there shall be a direction to petitioner to appear before second respondent on 17.07.2025 at 11.30 a.m. for enquiry in respect of petitioner's representation seeking issuance of patta of the subject property. Second respondent would conduct enquiry and pass appropriate orders on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Until then, the stauts quo, as on today, shall be maintained till the completion of enquiry. After completion of enquiry, if second respondent arrives at a conclusion that subject property is a water body, it is open to the concerned respondent to proceed further in accordance with law.
7. Accordingly, the Writ Petition stands disposed of. No costs. 04.07.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To
1. The District Collector, Krishnagiri District, Krishnagiri.
2. The District Revenue Officer, Krishnagiri District, Krishnagiri.
3. The Tahsildar, Hosur Taluk, Krishnagiri District - 635 109.
4. The Revenue Inspector, Bagalur, Hosur Taluk, Krishnagiri District - 635 103.
5. The Village Administrative Officer, Batavarapalli, Hosur Taluk, Krishnagiri District - 635 103.
MOHAMMED SHAFFIQ, J.
vji 04.07.2025