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Madras High CourtWP/27764/2017allowed

Munisamappa, v. The District Collector,

2019-02-15Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2019

CORAM

THE HON'BLE Dr. JUSTICE ANITA SUMANTH WP. No.27764 of 2017 Mr.Munisamappa ....Petitioner --Vs-- 1.The District Collector, Krishnagiri District, Krishnagiri.

2.The District Revenue Officer, Krishnagiri District, Krishnagiri.

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

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

5.M.Munisamy Reddy.

...Respondents

PRAYER : Writ Petitions filed under Article 226 of the Constitution of India praying for a writ of Mandamus to direct the 4th respondent to consider the petitioner's representation dated 11.07.2016.

For Petitioner : Mr.B.Siddeswaran for Mr.R.Jayaprakash Respondent : Mr.M.Elumalai, Government Advocate for R1-4 Not ready in notice R5.

O R D E R

The Writ Petitioner is a senior citizen aged about 83 years and seeks a Writ of Mandamus directing the 4th respondent viz., The Tahsildar, Hosur Taluk, Krishnagiri District to consider and dispose of his representation dated 11.07.2016.

2. Mr.Elumalai, learned Government Advocate appears for the official respondents 1 to 4. Though notice has been issued to 5th respondent, the cover has been returned by the postal authorities with the endorsement 'insufficient address'.

3. Be that as it may, the present Writ Petition has been filed by the petitioner who states that he is a long time resident of Hosur Taluk, Krishnagiri District. His brother viz., Thimmaiah had purchased the properties at S.No.112/4, 112/1 and 113 in all ad-measuring an extent of 9.03 Acres by way of registered sale deed dated 20.09.1944 registered as Doc. No.2450 of 1944 on the file of the Sub-Registrar at Hosur. The petitioner and his family have been residing there since then. However, recently, upon application for issuance of Patta, he came to know that the property at S.No.112/4 is shown as belonging to the 5th respondent. Though a notice was issued to the official respondents seeking removal of the name of the 5th respondent from the Patta, there has been no response from them in this regard. Hence, the present Writ Petition.

4. Mr.Elumalai, learned Government Advocate appearing for the respondents 1 to 4 states that the representation dated 11.07.2016 will be disposed of within a period of two weeks from today. Accordingly, this writ petition is allowed directing the 2nd respondent viz., The District Revenue Officer, Krishnagiri District to dispose representation dated 11.07.2016 within a period of two weeks from the date of receipt of a copy of this order after hearing the petitioner as well as 5th respondent. No costs.

Sd/- Assistant Registrar(CS-VI) //True Copy// Sub Assistant Registrar rkp

To

1. The District Collector, Krishnagiri District, Krishnagiri.

2. The District Revenue Officer, Krishnagiri District, Krishnagiri.

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

4. The Tahsildar, Hosur Taluk, Krishnagiri District.

+1 cc to Mr.R.Jayaprakash, Advocate, S.R.No.14785 +1 cc to the Government Pleader, S.R.No.15099 WP. No.27764 of 2017 PP(CO) SSM(21/03/2019).