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Madras High CourtWP/29518/2013disposed of

A.Haroon Basha, v. The District Revenue Officer,

2015-02-05Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2015

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.No.29518 of 2013 A.Haroon Basha S/o.Ameer Saheb

...Petitioner

vs.

1. The District Revenue Officer, O/o.The District Collector, Krishnagiri District.

2. The Sub Collector, Sub Collector Office, Hosur.

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

4. The Deputy Inspector of Survey, Taluk Office, Hosur.

5. H.C.Raju S/o.C.Chandriah

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 herein to consider the petitioner's representation dated 22.07.2013 for cancellation of patta in respect of Plot No.5, measuring an extent of 2200 sq.ft. Comprised in Survey No.431, as per sub division new Survey No.431/1A3 situated at Avalapalli Village, Hosur Taluk, Krishnagiri District, within the time to be stipulated by this Court.

For Petitioner :

Mr.R.Bharath Kumar For Respondents :

Mr.S.Gunasekaran, Government Advocate [R1 to R4] No appearance for R5

O R D E R

Heard Mr.R.Bharath Kumar, learned counsel for the petitioner and Mr.S.Gunasekaran, learned Government Advocate appearing for respondents R1 to R4.

2. Petitioner has filed this writ petition seeking a direction to respondents 1 to 4 herein to consider his representation dated 22.07.2013 for cancellation of patta granted in favour of the fifth respondent in respect of Plot No.5, measuring an extent of 2200 sq.ft. comprised in Survey No.431, as per sub division new Survey No.431/1A3 situated at Avalapalli Village, Hosur Taluk, Krishnagiri District.

3. Since the writ petition is disposed of at the admission stage itself, the merits of the allegations made by the petitioner as against fifth respondent in his representation are not gone into and it is left open to be decided by the third respondent. Accordingly, the third respondent is directed to consider the petitioner's representation dated 22.07.2013 after issuing notice to the petitioner as well as to the fifth respondent and pass orders on merits in accordance with law as expeditiously as possible. It is made clear that this Court has not gone into the merits of the contention raised by the petitioner and it is open to the petitioner as well as the fifth respondent to place all documents in support of their claims which shall be decided in accordance with law. This writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar

gm To

1. The District Revenue Officer, O/o.The District Collector, Krishnagiri District.

2. The Sub Collector, Sub Collector Office, Hosur.

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

4. The Deputy Inspector of Survey, Taluk Office, Hosur.

1 CC to Mr.R.Bharath Kumar, Advocate SR.No. 6283 1 CC to the Government Pleader, SR.No. 6369 W.P.No.29518 of 2013 GR (CO) PSI (05.03.2015)