Venkatesh v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 04.09.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.26060 of 2019 Venkatesh .. Petitioner /versus/ 1.The District Revenue Officer, Krishnagiri District, Krishnagiri.

2.The Sub-Collector, Hosur, Krishnagiri District.

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

4.Chinnapittamma 5.M/s Padmapriya Properties Pvt.Ltd., 59, VG Towers, Rayakottai Main Road, Hosur, Krishnagiri District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent relating to Pa.Mu.3558/2019/J2 dated 04.04.2019, quash the same and consequently direct the 2nd respondent to cancel the patta issued in the name of the 5th respondent herein relating to lands measuring to an extent of 0.36.0 Hectares comprised in Survey No.280/8, situate at Nallakanakothapalli Village, Shoolagiri Taluk, Krishnangiri District and issue joint patta to the petitioner, within the time to be stipulated by this Hon'ble Court.

For Petitioner :Mr.R.Bharath Kumar For Respondents :Mr.K.Ravikumar, AGP for R1 to R3

O R D E R

The prayer in the writ petition is to issue a Writ of Certiorarified Mandamus calling for the records of the 1st respondent relating to Pa.Mu.3558/2019/J2, dated 04.04.2019 and quash the same and consequently direct the 2nd respondent to cancel the patta issued in the name of the 5th respondent herein relating to lands measuring to an extent of 0.36.0 Hectares comprised in Survey No.280/8, situate at Nallakanakothapalli Village, Shoolagiri Taluk, Krishnangiri District and issue joint patta to the petitioner, within the time to be stipulated by this Court.

2. Heard the learned counsel appearing for the petitioner and learned Additional Government Pleader appearing for respondents 1 to 3.

3.The impugned order challenged in this writ petition is regarding the proceedings of the District Revenue Officer based on the application given by the petitioner herein regarding change of patta. The District Revenue Officer, after affording opportunity to the petitioner as well as the person in whose name the patta stands, has passed an order holding that the land being a vacant land has been purchased by the 5th respondent and the patta transferred in his name. If there is any dispute regarding the title, the petitioner has to approach the competent civil Court and get remedy. The said order is impugned in this writ petition.

4. This Court finds no error in the observation of the first respondent. If the petitioner has any grievance, his remedy is to approach the competent civil Court and establish his title and possession. Therefore, the writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar ari

To:

1.The District Revenue Officer, Krishnagiri District, Krishnagiri.

2.The Sub-Collector, Hosur, Krishnagiri District.

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

+1cc to Mr.R.Bharath Kumar, Advocate SR.No.76748 +1cc to Government Pleader SR.No.77374 W.P.No.26060 of 2019 VG I(CO) GMY(03/10/2019)