V.Murugesh v. The Assistant Settlement
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03.01.2019
CORAM
THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.17858 of 2017 V.Murugesh
...Petitioner
Vs
1. The Assistant Settlement Officer(South) Survey and Settlement Office, Chepauk, Chennai - 600 005.
2. The District Collector, Krishnagiri District.
3. The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.
4. The Tahsildar, Hosur, Krishnagiri District.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 14.03.2017 and pass order for reclassification of the land and for issue of patta in respect of the lands to an extent of 27 acres comprised in Paimash No.243 and 244 present Survey No.441 of Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District within the time to be stipulated by this Court. For Petitioner : Mr.R.Bharath Kumar For Respondents : Mr.I.Sathish, Additional Government Pleader
O R D E R
The petitioner seeks for Mandamus directing the respondents to consider his representation dated 14.03.2017, wherein and whereby, he sought for re-classification of the land and for issue of Patta in respect of the lands measuring an extent of 27 acres comprised in Paimash No.243 and 244 present Survey No.441 of Thorapalli Agraharam Village, Hosur Taluk, Krishnagiri District.
2. The petitioner claims that the subject matter land was purchased by his grandfather as early as in the year 1919 by way of sale deed from one Chinnavenkatappa and ever since the date of purchase, his grandfather and subsequently his father were in enjoyment of the said land. It is further claimed by the petitioner that after the death of his father, he continued to enjoy the land. The grievance of the petitioner is that the said land is wrongly classified during the survey and settlement as grazing land. Therefore, the petitioner made the above said representation for re-classification.
3. This Court, at this stage, is not expressing any view on the claim made by the petitioner as it is for the respondents, more particularly, the 1st respondent to consider and decide. Therefore, without expressing any view on the merits of the matter, this Writ Petition is disposed of by directing the 1st respondent to consider the representation of the petitioner dated 14.03.2017 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving due opportunity of hearing to the petitioner. No costs.
Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vsi To
1. The Assistant Settlement Officer(South) Survey and Settlement Office, Chepauk, Chennai - 600 005.
2. The District Collector, Krishnagiri District.
3. The Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.
4. The Tahsildar, Hosur, Krishnagiri District.
+1cc to Mr.R.Bharathkumar, Advocate SR.No.1070 +1cc to Government Pleader SR.No.1018 W.P.No.17858 of 2017 NRI(CO) GMY(09/01/2019)