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M.Kempanna vs The District Revenue Officer
2024 Latest Caselaw 14865 Mad

Citation : 2024 Latest Caselaw 14865 Mad
Judgement Date : 1 August, 2024

Madras High Court

M.Kempanna vs The District Revenue Officer on 1 August, 2024

Author: N. Sathish Kumar

Bench: N. Sathish Kumar

                                         WP.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 01.08.2024

                                                           CORAM

                             THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR

                                     W.P.Nos.22118, 22122, 22123, 22129, 22130,
                                        22175, 22180, 22182 & 22184 of 2024

                  W.P.No.22118 of 2024

                  M.Kempanna                                                                .. Petitioner

                                                             Versus

                  1. The District Revenue Officer,
                     Krishnagiri.

                  2. The Assistant Director,
                     Survey & Land Records Department,
                     Collector Office, Krishnagiri District.

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

                  4. The Tahsildar, Hosur Taluk Office,
                     Hosur, Krishnagiri District.                                           .. Respondents

                  Common Prayer: Writ Petitions filed under Article 226 of the Constitution of
                  India praying to issue a Writ of Mandamus directing the first respondent to
                  consider the petitioners representation dated January 2022 for issuance of the
                  patta in respect of land vacant land measuring to an extent of 7.50 Ares in
                  Survey No 30/8A and the land measuring to an extent of 12.00 Ares in Survey
                  No. 30/9A totally 34.50 Ares             situated at Anumepalli Agraharam Village
https://www.mhc.tn.gov.in/judis


                  1/6
                                             WP.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

                  Hosur Taluk, Krishnagiri District in compliance with the Judgment dated
                  09.07.2024 passed in W.A No. 2099 of 2023 within the time to be stipulated
                  by this Court.


                                  For Petitioners         : Mr.Bharath Kumar [ in all WPs.]

                                  For Respondents         : Mr.P.Sathish
                                                            Additional Government Pleader


                                                       COMMON ORDER


With the consent of both sides, these Writ Petitions are taken up for final

disposal at the admission stage itself.

2. These writ petitions have been filed to direct the first respondent to

consider the representation of the petitioners for issuance of the patta in respect

of their land in Anumepalli Agraharam Village, Hosur Taluk in compliance with

the judgment of this Court in W.A.No.2099 of 2023 dated 09.07.2024 within

the time stipulated by this Court.

3. Heard learned counsel for the petitioners and the learned Government

Advocate appearing for the respondents and perused the materials available on

record.

4. The case of the petitioners is that the petitioners are the owners of the https://www.mhc.tn.gov.in/judis

WP.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

subject property. While so, during Updating Resettlement Scheme [UDR], the

said land was wrongly classified as Parai Poramboke. Hence, the petitioners

preferred an appeal before the third respondent to rectify the erroneous

classification and the third respondent had also rectified the erroneous

classification. Thereafter, the respondents have deleted the subdivisions in

Survey Nos.30/8 and 30/9 and wrongly classified the same as 'Government

Poramboke Parai'. As against which a Writ Petition in W.P.No.22365 of 2018

has been filed challenging the Order of the first respondent and this Court by

an Order dated 26.10.2021 has set aside the Order of the first respondent and

directed the first respondent to restore the wrong entries made in the revenue

records. As against which, the respondents have filed a Writ Appeal in

W.A.No.2099 of 2023 and the same has been dismissed by this Court on

09.07.2024 and directed the respondents to implement the Order of this Court

within a period of 12 weeks. Thereafter, the writ petitioners gave

representation to the first respondent to implement the Orders of this Court.

But the same has not been considered by the respondents. Hence, the present

Writ Petitions.

5. The learned Additional Government Pleader appearing for the https://www.mhc.tn.gov.in/judis

WP.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

respondents admitting the fact of the dismissal of the Writ Appeal filed by the

respondents, submitted that the authorities will consider the case of the

petitioners and pass Orders on the same.

6. Considering the fact that the matter has already reached finality in the

Writ Appeal in W.A.N.2099 of 2023 by a judgment dated 09.07.2024, there

shall be a direction to the first respondent to issue patta in favour of the

petitioners within a period of two months from the date of receipt of a copy of

this Order.

7. With the above direction, these Writ Petitions are disposed of. No

costs.


                                                                                                       01.08.2024



                  vrc


                  Index                   :Yes/No
                  Internet                :Yes/No
                  Neutral Citation        : Yes/No


                  Note : Issue Order copy on 23.08.2024



https://www.mhc.tn.gov.in/judis



WP.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

To,

1. The District Revenue Officer, Krishnagiri.

2. The Assistant Director, Survey & Land Records Department, Collector Office, Krishnagiri District.

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

4. The Tahsildar, Hosur Taluk Office, Hosur, Krishnagiri District.

https://www.mhc.tn.gov.in/judis

WP.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

N. SATHISH KUMAR, J.

vrc

W.P.Nos.22118, 22122, 22123, 22129, 22130, 22175, 22180, 22182 & 22184 of 2024

01.08.2024

https://www.mhc.tn.gov.in/judis

 
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