Mrs.Kairunisa v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.11.2020 CORAM :

The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.18298 of 2017 Mrs. Kairunisa ... Petitioner .vs.

1. The District Collector, Krishnagiri

2. The District Revenue Officer, Krishnagiri.

3. The Sub Collector, Hosur.

4. The Thasildar, Hosur.

5. The Thasildar, Shoolagiri.

... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents to issue patta for the land in S.No.435/2 to an extent of Hect. 1.62.0 Ac. 4.00 at Berigai Village, Hosur Taluk based on the representation dated 04.05.2017.

For Petitioner : Mr. S.C. Viswanath For Respondents : Ms. A. Madhumathi, Special Govt. Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to issue patta for the land in S.No.435/2 measuring an extent of Hect. 1.62.0 Ac. 4.00 at Berigai Village, Hosur Taluk, based on the representation dated 04.05.2017.

2. Mr. S.C. Viswanath, learned counsel appearing for the petitioner submitted that though the petitioner has given his representation to the 4th respondent as early as on 04.05.2017, the 4th respondent has not passed any order sofar. https://hcservices.ecourts.gov.in/hcservices/

3. Ms. A. Madhumathi, learned Special Government Pleader appearing for the respondents, submitted that the jurisdiction lies only with the 5th respondent and not with the 4th respondent. Further, the learned Special Government Pleader submitted that the recommendation made by the 5th respondent for re-classifying the land as "Natham Poramboke" was rejected by the 1st respondent by order dated 21.08.2020. However, the learned Special Government Pleader submitted that the representation given by the petitioner dated 04.05.2017 would be disposed of by the 5th respondent within a time frame.

4. In view of the submissions made by the learned counsel on either side, since the 5th respondent is the Jurisdictional Thasildar, I direct the 4th respondent to forward the representation dated 04.05.2017 of the petitioner to the 5th respondent, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the 5th respondent is directed to pass orders on the representation dated 04.05.2017, on merits and in accordance with law, within a period of six weeks thereafter.

With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To

1. The District Collector, Krishnagiri

2. The District Revenue Officer,Krishnagiri.

3. The Sub Collector, Hosur.

4. The Thasildar, Hosur.

5. The Thasildar, Shoolagiri.

+1cc to the Government Pleader, S.R.No.37389 W.P.No.18298 of 2017 rr ii (29/12/2020) https://hcservices.ecourts.gov.in/hcservices/