High Court · 2025

WP.Nos.38663 & 38664of 2024 In the High Court of Judicature at MadrasDated : 02.1.2025Coram :The Honourable Ms.Justice P.T.ASHAWrit Petition Nos.38663 & 38664 of 2024C.Baby...Petitioner inWP.No.38663 of2024N.Sonnappa...Petitioner inWP.No.38664 of2024Vs1.The District Collector, Krishnagiri District.2.The Sub-Collector, Krishnagiri District.3.The Revenue Divisional Officer, Bangalore Road, Krishnagiri District-635001.4.The Tahsildar, Hosur Taluk, Krishnagiri District.5.The SIDCO, SIDCO Branch Office, SIDCO Industrial Estate, Krishnagiri rep.by its Branch Manager....Respondents inboth WPsPETITIONS under Article 226 of The Constitution of India praying for the issuance of Writs of Mandamus 1/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 (i) directing respondents 1 to 4 to pass orders on the petitioner's various representations including the representations dated 12.12.2002, 03.4.2023 and 29.7.2023 for cancellation of patta issued in the name of the fifth respondent and for issuance of patta to the petitioner for the petitioner's land measuring 1,947 sq.ft. comprised in present town survey No.93 (old survey No.673 part) of Hosur Town (formerly Hosur Village), Hosur Taluk, Krishnagiri District and the present address of the said property being 72/A2, behind Electronic Estate (new SIDCO), Srinagar, Hosur-635109 (WP.No.38663 of 2024); and(ii) directing respondents 1 to 4 to pass orders on the petitioner's various representations including the representations dated 30.9.2002, 19.12.2022 and 03.4.2023 for cancellation of patta issued in the name of the fifth respondent and for issuance of patta to the petitioner for the petitioner's land measuring 1,914 sq.ft. comprised in present survey No.3 (old survey No.673/1 part) of Hosur Town (formerly Hosur Village), Hosur Taluk, Krishnagiri District and the present address of the said property being 72/A5, behind Electronic Estate (new SIDCO), Srinagar, Hosur-635109 (WP.No.38664 of 2024). For Petitioners : Mr.S.M.MuralidharanFor Respondents:Mr.A.Selvendran, SGP2/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 COMMON ORDERSeeking a direction to respondents 1 to 4 to consider their representations given on several dates for cancellation of patta issued in favour of the fifth respondent in respect of their properties (i) measuring 1,947 sq.ft. comprised in present town survey No.93 (old survey No.673 part) of Hosur Town (formerly Hosur Village), Hosur Taluk, Krishnagiri District, the present address of the said property being 72/A2, behind Electronic Estate (new SIDCO), Srinagar, Hosur-635109 (WP.No.38663 of 2024); and (ii) measuring 1,914 sq.ft. comprised in present town survey No.3 (old survey No.673/1 part) of Hosur Town (formerly Hosur Village), Hosur Taluk, Krishnagiri District, the present address of the said property being 72/A5, behind Electronic Estate (new SIDCO), Srinagar, Hosur-635109 (WP.No.38664 of 2024), the petitioners are before this Court. 2. Heard the learned counsel for the petitioners and the learned Special Government Pleader accepting notice for the respondents.3. The facts leading to filing of these writ petitions are as follows:(i) The petitioner in WP.No.38663 of 2024 purchased the 3/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 housing plot measuring 1,947 sq.ft. comprised in present town survey No.93 (old survey No.673 part) of Hosur Town (formerly Hosur Village), Hosur Taluk, Krishnagiri District from one Mr.Nalloorappa and others under a sale deed dated 04.8.1982 registered as doc.No.2828 of 1982 on the file of the Sub-Registrar, Hosur. After the purchase, she constructed a house in that property and is in absolute possession and enjoyment of the same. (ii) The petitioner in WP.No.38664 of 2024 acquired the property measuring 1,914 sq.ft. comprised in present town survey No.3 (old survey No.673/1 part) of Hosur Town (formerly Hosur Village), Hosur Taluk, Krishnagiri District by way of a settlement deed dated 19.2.2007 registered as doc.No.3215 of 2007 on the file of the same Sub-Registrar executed by his mother - one Ms.Byamma in his favour. His mother acquired that property by way of sale deed registered as doc.No.1790 of 1987 on the file of the same Sub-Registar. After the execution of the settlement deed, the petitioner constructed a house in that property and is in absolute possession and enjoyment of the same. (iii) During the year 1990, the petitioners came to know that the Government of Tamil Nadu was taking steps to acquire the subject properties for extension of the Electrical and Electronic Industrial 4/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 State. Hence, earlier, the petitioner in WP.No.38663 of 2024 and the mother of the petitioner in WP.No.38664 of 2024 filed two separate writ petitions before this Court in W.P.Nos.1559 and 1558 of 1990 respectively and they were disposed of by a learned Single Judge of this Court by a common order dated 10.12.1999, the relevant portions of which are as hereunder :"Considering the change of policy of the Government and the modification of the scheme, I am of the view that the petitioners claim either for allotment of a flat or for the exclusion of the land must be considered sympathetically especially when they are to be deprived of their only residential house by virtue of the acquisition. However, it is not for this Court to pass orders in this respect. It is open to the petitioners to apply to the Government for the above said relief either for allotment of the flat or for the exclusion of their lands from acquisition. If their lands fall within the modified scheme of constructing a housing complex, the Government is also directed to consider the request of the petitioners in case any application is filed for that purpose and dispose of the same in an expeditious manner."(iv) Pursuant to the said common order dated 10.12.1999, the petitioners approached the Authorities concerned seeking exemption of their lands from acquisition. However, no action was taken on their 5/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 request. According to the petitioners, though the subject lands were not acquired, the patta has been mutated in the name of the fifth respondent. On further verification, the petitioners came to know that their lands have been excluded by the fifth respondent from the developed industrial estate. (v) The petitioners have been making several representations to the Authorities concerned seeking cancellation of the patta issued in favour of the fifth respondent and for transfer of patta in their favour. But, it did not evoke any response. As could be seen from the records enclosed along with the affidavits filed in support of the writ petitions that the fifth respondent addressed a communication dated 25.11.2021 to the fourth respondent stating that they have no objection for the transfer of patta in favour of the petitioners if it is found that the subject lands have not been handed over to them. In this regard, the fourth respondent directed the Taluk Deputy Inspector, Hosur to conduct a survey in respect of the subject properties and submit a report. Thereafter, the petitioners sent their individual representations dated 30.9.2022 to the fourth respondent seeking to transfer the patta in their favour. However, nothing was forthcoming. Hence the writ petitions. 6/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 4. Considering the fact that the acquisition is of the year 1990 and the fact that more than 30 years have lapsed ever since the date of acquisition, as the lands of the petitioners have been excluded by the fifth respondent from the developed industrial estate, the writ petitions are allowed and a Mandamus is issued to the fourth respondent to consider the individual representations of the petitioners both dated 30.9.2022 for transfer of patta in their names in respect of the subject properties and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. No costs. The Special Government Pleader is entitled to separate fees in both the cases.02.1.2025To1.The District Collector, Krishnagiri District.2.The Sub-Collector, Krishnagiri District.3.The Revenue Divisional Officer, Bangalore Road, Krishnagiri District-635001.4.The Tahsildar, Hosur Taluk, Krishnagiri District.5.The Branch Manager, SIDCO, SIDCO Branch Office, SIDCO Industrial Estate, Krishnagiri.RS7/8 https://www.mhc.tn.gov.in/judis WP.Nos.38663 & 38664of 2024 P.T.ASHA,JRSWP.Nos.38663 & 38664of 2024 02.1.20258/8