Nanjunda Reddy v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.01.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.2586 of 2017 Nanjunda Reddy ... Petitioner Vs

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

2. The Tahsildar, Taluk Office, Hosur.

... Respondents Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent to consider and pass order on the petitioner's representation dated 09.12.2016 within the time to be stipulated by this Court.

For Petitioner : Mr.K.Chandrasekaran For Respondents : Mr.P.Balathandayutham Special Government Pleader

ORDER

This writ petition is filed to issue a Writ of Mandamus to direct the first respondent to consider and pass orders on the petitioner's representation dated 09.12.2016 within the time that may be stipulated by this Court.

2. The petitioner claimed that the property comprised in S.No.149/3B, ad-measuring an extent of 0.15.5 hectares and the property comprised in S.No.149/3C, ad-measuring an extent of 0.41.5 hectares, situated at Kothapalli Village, Hosur Taluk, originally belonged to one Muni Nanjamma. The petitioner is the foster son of the said Muni Nanjamma. She executed a Will dated 30.12.1985 in favour of the petitioner. However, the patta stands in the name of one Gowramma. Therefore, the petitioner submitted a representation before the respondents to cancel the https://hcservices.ecourts.gov.in/hcservices/

patta issued in the name of the said Gowramma and issue it in favour of the petitioner.

3. On a perusal of the counter affidavit filed by the second respondent, it reveals that the subject properties stand in the name of one Thimmareddy S/o.Pappireddy of Sevaganapalli Village, Hosur Taluk. The said Thimmareddy is in possession and enjoyment of the subject properties. The petitioner has no legal documents and records to claim the subject properties in his favour. Though the petitioner claims the subject properties through the Will executed by the said Muni Nanjamma, the petitioner did not produce any piece of evidence to show that the said Muni Nanjamma owned the subject properties. Further, it is not known as to whether the said Will has been probated or not before any Court of law. Therefore, the petitioner made a false claim over the subject properties. Hence, this Writ Petition is devoid of merits.

4. In the result, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar kv To

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

2. The Tahsildar, Taluk Office, Hosur.

+1cc to the Government Pleader, S.R.No.4045 W.P.No.2586 of 2017 PA(CO) SB(07/02/2022) https://hcservices.ecourts.gov.in/hcservices/