T.G.Prabhakara v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.09.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.26671 of 2024 T.G.Prabhakara
...Petitioner
Vs.
1. The District Collector, Collectorate Complex, Krishnagiri.
2. The Sub Collector, Hosur, Krishnagiri District.
3. The Tahsildar, Denkanikottai, Krishnagiri district.
4. N. Tirupathi
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to cancel patta bearing No.2517 relating to S.No.1639/1, Dry measuring 5.55.5 hectares Asst. Rs.11.82, Sandhanapalli Village, Denkanikottai Taluk, Krishnagiri District and restore the Patta No.907 relating to this land as it originally stood in the petitioner's name on the basis of his representation dated 27.03.2017 1/5
within a stipulated period of time and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case. For Petitioner : M/s. S.Sucharitha For R1 to R3 : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the second respondent to cancel patta bearing No.2517 relating to S.No.1639/1, Dry measuring 5.55.5 hectares Asst. Rs.11.82, Sandhanapalli Village, Denkanikottai Taluk, Krishnagiri District and restore the Patta No.907 in the name of the petitioner, by considering his representation dated 27.03.2017 within a time frame to be fixed by this Court.
2. According to the petitioner, the above mentioned property was allotted to him, under the partition deed dated 19.02.1958 and he has been in continuous possession and enjoyment of the same till now. While so, during 2015, he came to know that patta was wrongly granted in favour of the fourth respondent, in respect of the petitioner's property. Therefore, the petitioner 2/5
submitted a representation on 27.03.2017 seeking to cancel the patta issued in the name of the fourth respondent and restore the patta in the name of the petitioner. Since the said representation has not been considered till date, he is before this court with the present writ petition for the above stated relief.
3. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents would submit that the representation of the petitioner would be considered on its own merits and appropriate orders will be passed.
4. In view of the above submission made by the learned Additional Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 27.03.2017 and pass final orders, after issuing notice to the petitioner as well as the fourth respondent and any other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
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5. With the above direction, this Writ Petition is disposed of. No costs.
13.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The District Collector, Collectorate Complex, Krishnagiri.
2. The Sub Collector, Hosur, Krishnagiri District.
3. The Tahsildar, Denkanikottai, Krishnagiri district.
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S. SOUNTHAR, J.
av W.P No.26671 of 2024 13.09.2024 5/5