C.Krishnan v. The District Revenue Officer

In the High Court of Judicature at Madras Dated : 06.1.2025 Coram :

The Honourable Ms.Justice P.T.ASHA Writ Petition No.39231 of 2024 C.Krishnan

...Petitioner

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

2.The Sub-Collector, Hosur.

3.A/m.Thimmara Swamy Temple, Haleseebam rep. by its Inspector, having office at O/o Hindu Religious and Charitable Endowment Office, Therpettai, Hosur, Krishnagiri District.

...Respondents

PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the first respondent to dispose off the appeal filed by the petitioner dated 08.11.2023 before the first respondent within a time limit fixed by this Court. For Petitioner :

Mr.S.C.Vishwanth For R1 & R2 :

Mr.A.Selvendran, SGP For R3 :

Mr.K.Karthikeyan, GA (HR & CE)

ORDER

1/4

Seeking a direction to the first respondent to dispose of the appeal filed by the petitioner dated 08.11.2023, the petitioner is before this Court.

2. Heard the learned counsel for the petitioner, the learned Special Government Pleader accepting notice for respondents 1 and 2 and the learned Government Advocate (HR & CE) accepting notice for the third respondent.

3. The case of the petitioner is that the property measuring 13 cents in S.No.699/1, Ayarnapalli Village, Soolagiri Taluk, Krishnagiri District is his ancestral property. According to the petitioner, his grandfather - Mr.Munusamy acquired the subject property vide sale deed dated 24.3.1976 registered as doc.No.220 of 1976 on the file of the Sub-Registrar, Rayakottai. Prior to that, from the year 1954, the subject property was owned by several individuals. That being so, during the UDR scheme, in respect of the subject property, patta was granted in favour of the third respondent.

4. On coming to know of the same, the petitioner sent a representation dated 17.11.2021 to the first respondent seeking to cancel the patta granted in favour of the third respondent. As no action 2/4

was taken on that, the petitioner approached this Court by filing W.P. No.458 of 2022 and it was disposed of by order dated 12.1.2022 directing the petitioner to file an appeal to the Revenue Divisional Officer concerned challenging the patta granted to the third respondent. Pursuant to that, the second respondent, vide proceedings dated 06.5.2023, rejected the request of the petitioner. Aggrieved by the order dated 06.5.2023, the petitioner filed a further appeal dated 08.11.2023 to the first respondent. Since nothing was forthcoming, the petitioner has come forward with this writ petition.

5. It is more than a year since the appeal dated 08.11.2023 has been filed before the first respondent.

6. Considering the facts and circumstances of the case, the writ petition is allowed and a Mandamus is issued to the first respondent to consider the appeal filed by the petitioner dated 08.11.2023 on merits and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. No costs. 06.1.2025 RS 3/4

P.T.ASHA,J RS To 1.The District Revenue Officer, Collectorate, Krishnagiri.

2.The Sub-Collector, Hosur.

3.The Inspector, A/m.Thimmara Swamy Temple, Haleseebam having office at O/o Hindu Religious and Charitable Endowment Office, Therpettai, Hosur, Krishnagiri District.

06.1.2025 4/4