Madras High CourtWP/33566/2016disposed of

J.Ellappa, S/O.Juttappa, v. The Government Of Tamilnadu,

2016-09-23Honourable Mr Justice T. S. Sivagnanam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 23.09.2016

CORAM

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM WP.No.33566 of 2016 & WMP.No.28972 of 2016 J. Ellapopa ..Petitioner Vs

1. The Secretary to Government, Government of Tamil Nadu, Survey and Land records, Fort St. George, Chennai-9.

2. The District Collector, Office of Collectrate, Krishnagiri District.

3. The Revenue Inspector, Mathigiri (PO), Hosur (T.K), Krishnagiri District.

4. The Tahsildar, Office of the Tahsildar, Hosur (T.K), Krishnagiri Dist.

5. The Village Administrative Officer, Karnoor Village, Mathigiri (PO), Hosur (TK), Krishnagiri (D.T).

.. Respondents Writ petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus or any other appropriate writ, order or direction in the nature of a writ, calling for the records pertaining to order of the 4th Respondent dated 25.09.2015 in proceedings No.: PA.MU.15505/2015/C2 and quash the same and consequently direct the 4th respondent to issue Patta to the petitioner based on the proceedings of the Assistant Collector, Hosur, in Krishnagiri District proceedings No.K.Dis.35747/70 dated 17.10.1971.

For Petitioner :

Mr.P.Rajesh For RR 1 to 5 :

Mr.P.Chinnadurai Government Advocate

ORDER

Heard Mr.P.Rajesh, learned counsel appearing for the petitioner and Mr.P.Chinnadurai, learned Government Advocate accepting notice for the respondents 1 to 5 and with the consent on either side, the writ petition is taken up for final disposal. The petitioner challenges the order of the 4th respondent dated 25.09.2015 with a further prayer seeking direction upon the 4th respondent to issue patta to the petitioner based on the proceedings of the Assistant Collector, Hosur, in Krishnagiri District dated 17.10.1971. Admittedly, as against the impugned order, appeal remedy lies before the Revenue Divisional Officer. Accordingly, the writ petition stands disposed of giving liberty to the petitioner to file an appeal before the Revenue Divisional Officer and if such an appeal is filed within a period of thirty days from the date of receipt of a copy of this order, the appeal petition should not be dismissed on the ground of limitation ; but should be considered on merits and in accordance with law. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To