Madras High CourtWP/26773/2019disposed of

Veerachari v. The District Collector

2019-10-18Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 18.10.2019 Coram::

The Honourable Dr.Justice G.Jayachandran W.P.No.26773 of 2019 Veerachari, S/o.Ramachari, Door No.460, Bungalow Street, Uthanapallai, Soolagiri Taluk, Krishnagiri - 635 119.

... Petitioner /versus/

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Shoolagiri Taluk, Krishnagiri District.

5. Muniyamma, W/o.Potharammappa, Uthanapalli, Shoolagiri Taluk, Krishnagiri - 635 119.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the 4th respondent to remove the name of the 5th respondent from the Patta No.1055 in respect of the property situated in Survey No.1164/2, situated at Uthanappalli Village, Shoolagiri Taluk, Krishnagiri District, to an extent of 24 cents by considering the petitioner's representation dated 11.06.2019. For Petitioner : Mrs.R.S.Maitreya For R1 to R4 : Mr.D.Raja Additional Government Pleader For R5 : No appearance.

O R D E R

Heard the Learned Counsel for the Petitioner and the Learned Additional Government Pleader for the Respondents 1 to 4.

2. The case of the petitioner is that, the property situated in Survey No.1164/2, Uthanappalli Village, Shoolagiri Taluk, Krishnagiri District, to an extent of 24 cents belongs to her but the 4th respondent has included the name of the 5th respondent/Muniyamma, for the Patta issued for the said property. Hence, representation was given to the 4th respondent on 11.06.2019 to delete the name of the 5th respondent/Muniyamma, from Patta No.1055 issued in respect of S.No.1164/2. Since the representation is pending without any decision, hence, the present Writ Petition has been filed.

3. The Learned Additional Government Pleader appearing for the respondents 1 to 4 would submit that, if the petitioner produces all the documents before the 4th respondent/Tahsildar, Shoolagiri Taluk, Krishnagiri District, to substantiate her claim, same will be considered and appropriate orders will be passed. The 4th respondent, on receipt of the representation ought to have caused notice to the petitioner and called for documents, he has not done so, which has forced the petitioner to approach this Court by filing Writ Petition. 4.

The 4th respondent/Tahsildar, Shoolagiri, Krishnagiri District, is therefore directed to cause notice to the petitioner as well as the 5th respondent/Muniyamma, to appear before him and produce all the necessary documents. After enquiry and the perusal of the records, necessary orders shall be passed by the 4th respondent/Tahsildar on the representation given by the petitioner, regarding the correction in the Patta No.1055 in respect of property in S.No.1164/2 in the said village. The said exercise shall be completed within a period of eight weeks, from the date of receipt of a copy of this order.

5. Accordingly, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CJ conf) //True Copy// Sub Assistant Registrar bsm To,

1. The District Collector,

2. The District Revenue Officer,

3. The Revenue Divisional Officer, Hosur, Krishnagiri District.

4. The Tahsildar, Shoolagiri Taluk, Krishnagiri District.

+1cc to Mr.R.Jayaprakash, Advocate SR.87634 +1cc to the Government Pleader SR.87784 W.P.No.26773 of 2019 BS(CO) CB(14/11/2019)