Nagaraj v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2024

CORAM

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Nagaraj ... Petitioner Vs.

1.The District Revenue Officer, Krishnagiri District, Krishnagiri.

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

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

4.Rajkumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 3rd Respondent herein to implement the proceedings in Pa.Mu.37143/2021/J2 dated 07.07.2023 on the file of the 1st Respondent herein and upload the name of Narayanappa, S/o.Sowdappa as Pattadar in the computer system in respect of the lands measuring 3262 1⁄2 1/6

sq.feet in S.F.No.6/1A/1A/1A/4 situate at Hosur Town and Taluk, Krishnagiri District within a stipulated period.

For Petitioner : Mr.K.Govi Ganesan For Respondents : Mr.S.J.Sathik Mohamed (for R1 to R3) Government Advocate

ORDER

The petitioner herein seeks a direction to the 3rd Respondent to implement the orders passed by the 1st Respondent in his proceedings in Pa.Mu.37143/2021/J2 dated 07.07.2023 and upload the name of Narayanappa S/o. Sowdappa as Pattadar in respect of the land measuring 3262 1⁄2 sq.feet in Survey No.6/1A/1A/1A/4 situated in Hosur Town and Taluk, Krishnagiri District within the time fixed by this Court.

2. It is the case of the petitioner that the subject property was purchased by the petitioner's grandfather Narayanappa under sale deed dated 28.11.1919. After his death, the property was enjoyed by the petitioner's father Sowdappa. The petitioner's father died on 13.01.2005 leaving behind the petitioner and his siblings. Now the property has been in possession and enjoyment of the petitioner and his siblings. When the petitioner approached the 3rd Respondent seeking for issuance of patta in his name, it was mentioned that the patta was issued in favour of the 4th Respondent. Hence, the petitioner filed an appeal 2/6

before the 2nd Respondent and the same was dismissed. Aggrieved by the same, the petitioner filed a revision before the 1st Respondent and an order dated 07.07.2023 was passed allowing the revision and directing the 3rd Respondent to restore the patta in the name of the petitioner's grandfather Narayanappa. Though the said order was passed one year back, the 3rd Respondent has not implemented the same. Hence, the petitioner has come before this Court.

3. The learned counsel for the petitioner taking the attention of this Court to the averments in the affidavit submits that the order passed by the Respondents had attained finality as the petitioner has not received any notice from the Civil Court or from this Court till date. Therefore, the learned counsel submits that the 3rd Respondent is bound to implement the order passed by the 1st Respondent.

4. The learned Government Advocate who takes notice for the Respondents 1 to 3 would submit that the order passed by the 1st Respondent will be considered within the time stipulated by this Court after ascertaining the finality attached to the order.

5. In view of the same without going into the merits of the claim made by 3/6

the petitioner, the 3rd Respondent is directed to implement the orders passed by the 1st Respondent within a period of 8 weeks from the date of receipt of a copy of this order, after issuing notice to the 4th Respondent.

6. Accordingly, the writ petition stands disposed of. No costs. 25.10.2024 Speaking (or) Non Speaking Order Index : Yes/ No mka 4/6

To:

1.The District Revenue Officer, Krishnagiri District, Krishnagiri.

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

3.The Tahsildar, Hosur Taluk, Krishnagiri District.

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S. SOUNTHAR, J.

mka 25.10.2024 6/6