S.Seetharama Raju, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2016
CORAM:
THE HONOURABLE MR. JUSTICE B.RAJENDRAN W.P.No.37211/2016 R.seetharama Raju ..
Petitioner Vs.
1.The District Collector Krishnagiri, Collector's Office, Krishnagiri - 635 001.
2.The District Revenue Officer-Krishnagiri District Collectorate Building Bangalore Road, Krishnagiri.
3.The Revenue Divisional Officer Bangalore Road, Krishnagiri.
4.The Tahsildar, Krishnagiri, Bangalore Road, Krishnagiri.
5.The Commissioner Veppanapalli Panchayat Union Veppanapalli Post, Krishnagiri Taluk and District.
6.Mrs.Rajammal.
..
Respondents Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of mandamus directing the respondents 3 and 4 to conduct detailed enquiry as per the letter of the 1st
respondent dated 21.08.2015 and to send a complete report to the 1st respondent within a reasonable time that may be fixed by this Court. For Petitioner :
M/s.G.Devi For RR1 to 4 :
Mr.A.N.Thambi Durai, Spl.GP For R5 :
Mr.R.Prathap Kumar, AGP
ORDER
Heard the learned counsel for the petitioner and Mr.A.N.Thambi Durai, learned Special Government Pleader who accepts notice on behalf of the respondents 1 to 4 and Mr.R.Prathap Kumar, learned Additional Government Pleader who accepts notice on behalf of the 5th respondent and with the consent on either side, the writ petition is taken up for final disposal.
The petitioner would state that his mother had purchased the landed properties measuring to an extent of 5 cents comprised in S.No.152/2, situate at Boothimutulu village, Krishnagiri Taluk and District, through a registered Sale Deed bearing Doc.No.659, dated 16.04.1974, registered on the file of the Sub Registrar, Krishnagiri. Patta bearing No.215 in S.No.152/2B12 was also issued to her. Pursuant to which, she raised a superstructure and was in continuous
possession and enjoyment of the same till her death. Prior to her death, she has executed a registered Will dated 15.04.2013 bearing Doc.No.6/2013 bequeathing the properties in the name of the petitioner and his 2nd younger brother Mr.S.Anand. When the petitioner's mother approached the 4th respondent for making corrections in the entries in the Village Adangal Records as the properties in S.No.152/2B13 stood in the name of the 6th respondent and whereas, the properties of the petitioner's mother is situate in S.No.152/2B13. But, in the records the said lands in S.No.152/2B13 stood in the name of the 5th respondent / Panchayat Union. Hence, the petitioner sent a representation on 17.08.2015 to the 1st respondent herein seeking for making necessary corrections along with relevant documents.
On receipt of the same, the 1st respondent, vide his communication/letter in O.Mu.No.21501/2015/J2 dated 21.08.2015, directed the 4th respondent to conduct a detailed enquiry on the petitioner' representation and to submit a report through the 3rd respondent to his office. Since there was no response on the part of the 4th respondent, the petitioner sent another reminder dated 01.02.
petitioner appeared before the 4th respondent along with relevant documents. Despite the same, no response is forth coming from the side of the respondents and hence, the petitioner is before this Court, with the present writ petition.
This Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in this writ petition or in his representation, directs the 4th respondent to complete the enquiry on the basis of the petitioner's representations dated 21.08.2015 and 01.02.2016 and submit a detailed report to the 1st respondent through the 3rd respondent as expeditiously as possible.
The writ petition stands disposed of with the above direction. No costs.
25.10.2016 AP
To 1.The District Collector Krishnagiri, Collector's Office, Krishnagiri - 635 001.
2.The District Revenue Officer-Krishnagiri District Collectorate Building Bangalore Road, Krishnagiri.
3.The Revenue Divisional Officer Bangalore Road, Krishnagiri.
4.The Tahsildar, Krishnagiri, Bangalore Road, Krishnagiri.
5.The Commissioner Veppanapalli Panchayat Union Veppanapalli Post, Krishnagiri Taluk and District.
B.RAJENDRAN, J., AP WP.No.37211/2016 25.10.2016