Venkatesappa v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2018

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN W.P.No.32347 of 2018 and W.M.P.No.37550 of 2018

1. Venketesappa

2. Aluvelamma

3. Prabhavathi

4. Munichandran

5. Raniamma

6. Gayathri ... Petitioners Vs.

1. The District Collector, Krishnagiri

2. The District Revenue Officer, Krishnagiri.

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

4. The Tahsildar, Soolagiri, Krishnagiri District.

5. Chandrammal

6. R.Aruna @ Amaravathi ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of mandamus directing the respondents 1 to 4 to cancel the patta in favour of the fifth respondent and also issue patta in favour of the petitioners in Survey No.77/1, an extent of 2 acres 80 cents in Seekanapalli

Village, Soolagiri Taluk, Krishnagiri District . For Petitioner : Mr. N.Sureka For Respondents : Mr N.Inbanathan A.G.P.

O R D E R

This writ petition has been filed seeking direction to the respondents 1 to 4 to cancel the patta issued in favour of the fifth respondent.

2. The grievance of the petitioners is that the petitioners are the owners of the disputed property. But, now patta has been granted in favour of the fifth respondent. The petitioners had already filed an appeal before the second respondent, District Revenue Officer to cancel the patta. But, the appeal was not disposed of so far. In the said circumstances, the present writ petition has been filed seeking direction to cancel the patta.

3. In view of the nature of the order that is going to be passed in the writ petition, which no way would prejudice the interest of the respondents 5 to 6, notice to them is dispensed with.

4. Even though the petitioner sought to cancel the patta, admittedly, now the petitioners had filed an appeal before the second respondent and the same is pending. Hence, it is suffice to direct the second respondent to consider the said appeal and pass suitable orders on merits and in accordance with law, after giving notice to the petitioners as well as the respondents 4 and 5 within a period of six weeks from the date of receipt of a copy of this order.

5. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar mrp To

1. The District Collector, Krishnagiri

2. The District Revenue Officer, Krishnagiri.

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

4. The Tahsildar, Soolagiri, Krishnagiri District.

+1cc to Mr.C.Samivel, Advocate SR.No.84603 +1cc to Government Pleader SR.No.85470 W.P.No. 32347 of 2018 MG(CO) GMY(31/01/2019)