S.V.Ramamohan v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.32245 of 2024 S.V.Ramamohan
...Petitioner
Vs.
1. The District Revenue Officer, Krishnagiri District, Collectorate, Krishnagiri - 635 115.
2. The Revenue Divisional Officer, Hosur - 635 109.
3. The Tahsildar, Anchetty Taluk, Anchetty - 635 102, Krishnagiri District.
4. Shantha
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to conduct enquiry and pass orders on the appeal dated 16.10.2023 preferred by the petitioner against the order dated 08.08.2023 passed by the second respondent in his ofice Ref.Mu.Mu.3146/2023/A3 and received by his office on 17.10.2023 after considering the documents filed by the petitioner, the 1/5
certificates issued by the Village Administrative Office and the Village President and after giving personal hearing to the petitioner and the fourth respondent within the time that may be fixed by this Court. For Petitioner : Mr.P.Mani For R1 to R3 : Mr.P.Sathish Additional Government Pleader
O R D E R
The petitioner herein seeks a direction to the first respondent to conduct enquiry and pass final orders on the appeal dated 16.10.2023 filed by the petitioner challenging the order passed by the second respondent dated 08.08.2023 negativing the request of the petitioner seeking cancellation of the patta issued in favour of the fourth respondent.
2. By consent of both the learned counsel appearing for the petitioner as well as respondents 1 to 3, this writ petition is disposed of at the admission stage itself.
3. It is the case of the petitioner that the patta for the land situated in survey No. 1044/21, T.Soolekunta Village, Anchetty Taluk, Krishnagiri District 2/5
was wrongly issued in the name of the fourth respondent and hence, he submitted a representation before the second respondent seeking deletion of fourth respondent name from the revenue records and inclusion of the petitioner name. After enquiry the second respondent passed an order negativing the request of the petitioner. Aggrieved by the same, the petitioner filed an appeal before the first respondent on 16.10.2023 and the said appeal has been pending on the file of the first respondent without any progress. Therefore, the petitioner is before this Court.
4. The learned counsel for the petitioner requested this Court to direct the first respondent to dispose of the appeal on merits after calling for the records from the second respondent, after considering the documents filed before the original authority.
5. Mr.P.Sathish, learned Additional Government Pleader, who takes notice for the respondents 1 to 3 would submit that the appeal filed by the petitioner will be considered on its own merits and appropriate orders will be passed.
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6. 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 first respondent to dispose of the appeal filed by the petitioner dated 16.10.2023 and pass final orders, after issuing notice to the petitioner and the fourth respondent and any other interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
30.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The District Revenue Officer, Krishnagiri District, Collectorate, Krishnagiri - 635 115.
2. The Revenue Divisional Officer, Hosur - 635 109.
3. The Tahsildar, 4/5
Anchetty Taluk, Anchetty - 635 102, Krishnagiri District.
S. SOUNTHAR, J.
av W.P No.32245 of 2024 30.10.2024 5/5