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Madras High CourtWP/31979/2019disposed of

Sankaramma, v. The District Collector,

2024-07-15Honourable Mr Justice J.Sathya Narayana Prasad6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2024 CORAM :

THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Sankaramma ... Petitioner Vs.

1.The District Collector, Krishnagiri District, Krishnagiri.

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

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

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the 4th respondent to issue Patta in the petitioner name for the property at S.No.536 to an extent of 0.3 cents at Mookandapalli Village, Hosur Taluk, Krishnagiri District by considering the petitioner's representation dated 15.10.2019. Page No. 1 of 6

For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.K.Surendran Additional Government Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a mandamus, to direct the 4th respondent to issue Patta in the petitioner name for the property at S.No.536 to an extent of 0.3 cents at Mookandapalli Village, Hosur Taluk, Krishnagiri District by considering the petitioner's representation dated 15.10.2019.

2. The case of the petitioner is that the subject matter of property in S.No.536, Mookandapalli Village, Hosur Taluk, Krishnagiri District is classified as Grama natham and the petitioner's father was in continuous possession and enjoyment of the property without any interruption. In the year 2007, the petitioner had constructed a small thatched hut. The petitioner's husband is a daily coolie and the petitioner is taking treatment for fits more than ten years in Government Hospital, Hosur. The petitioner had made a representation to the Chief Minister camping dated 31.08.2007 for the issuance Page No. 2 of 6

of Natham Patta in her favour. On the same day, one Ellamma W/o.Chinnamuniappa has also given a representation for the issuance of Patta and the same has been issued to her in Patta No.593. Likewise, similarly placed persons have been granted patta, but, till date, no action has been taken on the petitioner's representation. Subsequently, the petitioner had given her representation to the respondents dated 15.10.2019, till date, no action has been taken by the respondents to issue Natham Patta to the petitioner. In the proceedings of the first respondent in Na.Ka.No.25698/2019/H2 dated 21.10.2019 has directed the fourth respondent to take action based on the representation given by the petitioner. But, no action has been taken by the fourth respondent based on the proceeding of the first respondent. Hence the writ petition.

3. The learned Additional Government Pleader appearing for the respondents would submit that necessary action will be taken based on the representation given by the petitioner.

4. Considering the facts and circumstances of the case, this Court directs the fourth respondent to consider the representation of the petitioner dated Page No. 3 of 6

15.10.2019, conduct a detailed inquiry, after giving due notice and opportunity of personal hearing to the petitioner and pass appropriate orders on merits and in accordance with law, by observing the above principles of natural justice, within a period of eight weeks from the date of receipt of a copy of this order.

5. This Writ Petition is disposed of with the above observations and directions. No costs.

15.07.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order jas Page No. 4 of 6

To 1.The District Collector, Krishnagiri District, Krishnagiri.

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

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

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

Page No. 5 of 6

J.SATHYA NARAYANA PRASAD, J.

jas 15.07.2024 Page No. 6 of 6