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Madras High CourtWP/29993/2022disposed of

D.Elaiyaperumal v. The District Collector

2022-11-11Honourable Mr Justice M.Dhandapani5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.11.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.29993 of 2022 D. Elaiyaperumal .. Petitioner Vs.

1. The District Collector, Krishnagiri District, Pin code - 635 001

2. The District Revenue Officer, Uthangarai ( Patta pass book) Krishnagiri District, Pin Code - 635 001.

3. The Tahsildar, Uthangarai Taluk, Krishnagiri District- 635 207.

4. The Village Administrative Officer, Kizhmathur Village,Andiyur Post, Uthangarai Taluk, Krishnagiri District - 635 307

5. The Revenue Inspector, Keehmathur Village, Singarapettai, Uthangara Taluk - 635 307.

6. The Taluk Surveyor, Keehmathur Village, Singarapettai, Uthangara Taluk - 635 307.

..Respondents 1/5

PRAYER: Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Mandamus directing the third respondent herein to consider the representation of the petitioner dated 11.07.2022 and pass orders.

For Petitioner : Mr.R. Sathishkumar For Respondents 1 to 4 : Mr. U. Baranidharan, AGP

O R D E R

By the consent of both the parties this writ petition is taken up for disposal at the admission stage itself.

2. The case of the petitioner is that the petitioner inherited the subject property from his mother by way of will and he was in possession of the entire extent of the property owned by his mother. Whileso, the petitioner's brother Samikannu who have no right over the subject property allegedly obtained patta in favour of him with respect to Survey Number 233/2. The grievance of the petitioner is that the authorities concerned without verifying the original records issued patta to the 2/5

petitioner's brother. Therefore, to rectify the same the petitioner has given the representation to the 3rd respondent on 11.07.2022 . However the same was not considered till date. Hence this petition.

3. The learned counsel for the petitioner submits that it would be suffice if this Court issues a direction to the third respondent to consider the petitioner's representation dated 11.07.2022, within a stipulated time as fixed by this Court.

4. Heard both sides and perused the materials available on record.

5. In view of the above, this Court directs directs the respondents to consider the petitioner's representation dated 11.07.2022 and pass appropriate orders on merits and in accordance within a period of twelve weeks from the date of receipt of a copy of this order after affording an opportunity to the petitioner as well as the counter parties, if any,

6. With the above terms, this present writ petition is disposed of. 3/5

No costs.

11.11.2022 smn Speaking Order/ Non Speaking Order Index: Yes/ No Internet: Yes/ No To

1. The District Collector, Krishnagiri District, Pin code - 635 001

2. The District Revenue Officer, Uthangarai ( Patta pass book) Krishnagiri District, Pin Code - 635 001.

3. The Tahsildar, Uthangarai Taluk, Krishnagiri District- 635 207.

4. The Village Administrative Officer, Kizhmathur Village,Andiyur Post, Uthangarai Taluk, Krishnagiri District - 635 307

5. The Revenue Inspector, Keehmathur Village, Singarapettai, Uthangara Taluk - 635 307.

6. The Taluk Surveyor, Keehmathur Village, Singarapettai, Uthangara Taluk - 635 307.

4/5

M.DHANDAPANI,J.

smn W.P.No.29993 of 2022 11.11.2022 5/5