Karnataka High Court
WP/10615/2025 of SMT THOLASIYAMMAL Vs STATE OF KARNATAKA on 25 April 2026
NC: 2026:KHC:22982 WP No. 10615 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10615 OF 2025 (KLR-RES) BETWEEN: 1. SMT. THOLASIYAMMAL D/O LATE SHRI SHANKARAPPA GOUNDER W/O LATE
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 10615 OF 2025 (KLR-RES)
BETWEEN:
1.
SMT. THOLASIYAMMAL
D/O LATE SHRI SHANKARAPPA GOUNDER
W/O LATE SHRIRAMASWAMY,
AGED ABOUT 83 YEARS,
RO HOUSE NO. 215/A,
SHUKRAVAR PETAI,
COIMBATORE - 641 001
2.
SHRI. SATYAMURTHY,
S/O LATE SHRI. MARAPPAN GOUNDER,
AGED ABOUT 50 YEARS
R/O HOUSE NO. 264/5813,
KRISHNAPURAM, SOMANUR,
COIMBATORE - 641 008.
3.
SHRI. SHIVASWAMY MARAPPAN,
S/O LATE SHRI. MARAPPAN GOUNDER,
AGED ABOUT 53 YEARS,
R/O HOUSE NO. 264/58B,
KRISHNAPURAM, SOMANUR,
COIMBATORE - 641 668.
4.
SHRI. GOPALASWAMY KALIYAPPAN
S/O SHRI. KALIYAPPAN,
AGED ABOUT 60 YEARS,
R/O HOUSE NO. 27,
BHARATIYANAGAR,
SOMANUR, SULLUR TALUK,
COIMBATORE - 641 668.
Digitally signed
by JUANITA
THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
HC-KAR
5.
SHRI. SHANKAR VELLANGIRISWAMY,
S/O SHRI. VELLANGIRISWAMY,
AGED ABOUT 47 YEARS,
R/O HOUSE NO. 154,
PONAIRAJA PURAM,
COIMBATORE - 641 001.
ALL ARE LEGAL HEIRS OF
LATE SHRI SHANKARAPPA GOUNDER
…PETITIONERS
(BY SRI. GIRISH.M.K, ADVOCATE)
AND:
1.
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE
M.S. BUILDING, DR. AMBEDKAR ROAD,
BENGALURU – 560 001
2.
THE DEPUTY COMMISSIONER,
CHAMARAJANAGAR DISTRICT,
CHAMARAJANAGAR - 571 313
3.
THE ASSISTANT COMMISSIONER,
KOLLEGALA SUB-DIVISION,
KOLLEGALA,
CHAMARAJANAGAR DISTRICT- 571 440.
4.
THE TAHSILDAR,
HANURU TALUK,
CHAMARAJANAGAR DISTRICT- 571 439.
5.
SMT. SAKAMMA,
D/O LATE CHIKKADODDAIAH,
AGED MAJOR,
6.
SMT. MANTHAKATAMMA,
D/O LATE CHIKKADODDAIAH,
AGED MAJOR,
HC-KAR
7.
SHRI. KUNAYYA,
S/O LATE CHIKKADODDAIAH,
AGED MAJOR,
8.
SHRI. M.SAVUKAYYA,
S/O LATE CHIKKADODDAIAH,
AGED MAJOR,
RESPONDENTS 5-8 ARE RESIDENTS OF
MANGALA VILLAGE,
HANURU HOBLI, HANUR TALUK,
CHAMARAJANAGARA DISTRICT – 571 439.
…RESPONDENTS
(BY SMT. B.P.RADHA, AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED
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ORDER
DATED 17/09/2024 PASSED IN PROCEEDINGS NO. RA 540/2023 BY THE THIRD RESPONDENT, THE ASSISTANT COMMISSIONER, KOLLEGALA SUB-DIVISION, KOLLEGALA, VIDE ANNEXURE-E AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned Additional Government Advocate takes notice for respondents No.1 to 4. Notice to other respondents is not necessary for the following reasons:
2. Learned Additional Government Advocate raises a preliminary objection that the order impugned at
HC-KAR
Annexure-E is passed by the Assistant Commissioner, Kollegala Sub-Division under Section 136(2) of the Karnataka Land Revenue Act and an alternative and efficacious remedy is available for the petitioners under Section 136(3) of the Act before the Deputy Commissioner.
3. Upholding the submission of the learned Additional Government Advocate, writ petition stands disposed of reserving liberty to the petitioner to approach the Deputy Commissioner.
4. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
KLY List No.: 1 Sl No.: 48