- 1 - HC-KAR NC: 2026:KHC:5255 WP No. 886 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 886 OF 2026 (KLR-RES) BETWEEN: SMT T K PONNAMMA D/O. T.K. TANGAMMA, AGED ABOUT 76 YEARS OCC HOUSEHOLD R/AT KARNANGERI VILLAGE, MADIKERI TALUK, KODAGU DISTRICT - 571 201. …PETITIONER (BY SMT. LAKSHMIDEVI.K., ADVOCATE FOR SRI. PRASANNA V R., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KODAGU, KODAGU DISTRICT - 571 201. 2. THE TAHSILDAR MADIKERI TALUK, KODAGU DISTRICT - 571 201. 3. THE MUNICIPAL COMMISSIONER CITY MUNCIPAL COUNCIL, MADIKERI, MADIKERI TALUK, KODAGU DISTRICT - 571 201. …RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1 & R2) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5255 WP No. 886 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS NO.2 AND 3 TO ISSUE CERTIFICATE OF GRANT AND KHATHA IN HER FAVOUR IN RESPECT OF THE PROPERTY OCCUPIED BY CONSIDERING THE REPRESENTATION/APPLICATION DATED.23.04.2024 AND 25.10.2022 SUBMITTED TO THE RESPONDENT NO.2 AND 3, VIDE ANNEXURE-A AND A-1 RESPECTIVELY 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 High Court Government Pleader takes notice for respondents No.1 and 2. Notice to respondent No.3 is not necessary for the following reasons; It is the contention of the petitioner that the petitioner's mother had filed an application seeking regularisation of unauthorised occupation of 8.00 Cents of land in Survey No.292/21 of Karnagiri Village, Madikeri Taluk, Kodugu District in the year 1966. In fact it is stated that the petitioner's mother had put up a dwelling house and she had made an application for regularization of unauthorised occupation. It is contended that the demand notice was issued by the respondent-Tahsildar and - 3 - HC-KAR NC: 2026:KHC:5255 WP No. 886 of 2026 accordingly, the petitioner’s mother paid the Kimmath for regularisation. Thereafter, the Deputy Commissioner, Kodugu District passed an order bearing No.RD-52/LGP-81 dated 06.08.1981 regularising the lands in question in favour of the petitioner's mother. However, the petitioner’s mother gave a representation to reduce the value fixed for regularisation. 2. It is further submitted that based on the representation given by the petitioner’s mother, the Tahsildar made a communication to the Divisional Forest Officer, Madkeri to submit his remarks. However, the Deputy Commissioner rejected the application filed by the petitioner's mother for reducing the value fixed for regularization. Thereafter, the petitioner's mother paid TT fine on 17.03.1989 and requested for issuance of Grant Certificate. On 04.12.1989, an endorsement was issued by the Deputy Commissioner, informing the petitioner's mother to pay a sum of Rs.4,000/- as the value of the land and T.T.fine, etc. Final notice was also issued on - 4 - HC-KAR NC: 2026:KHC:5255 WP No. 886 of 2026 01.01.1990 to pay sum of Rs.4,735/-. That amount was not paid. 3. Learned Counsel for the petitioner submits that after the death of the petitioner’s mother the petitioner continued to reside in the building constructed over the land in question and it is now in a dilapidated condition. Learned Counsel therefore submits that the respondents may be directed to issue a Grant Certificate to enable the petitioner to get the khata registered in the office of the 3rd-Respondent City Municipal Council and thereafter, get permission to demolish the old construction and put up a new construction. 4. Having heard the learned Counsel for petitioner, this Court is of the considered opinion that unless the demanded value of the property along with the T.T.fine/ Kimmath, is paid by the petitioner, such directions cannot be issued. Accordingly the writ petition stands disposed of directing the 2nd respondent Tahsildar, Madikeri Taluk and the 1st respondent-Deputy Commissioner, Kodugu - 5 - HC-KAR NC: 2026:KHC:5255 WP No. 886 of 2026 District, to inform the petitioner regarding the value of the lands and the T.T.fine/Kimmath, to be paid by the petitioner. The information shall be furnished to the petitioner as expeditiously as possible and at any rate within a period of 4 weeks from the date of receipt of a copy of this order. Thereafter, the petitioner shall pay the requisite fee and T.T.fine/Kimmath and if the said payment is made, then the Deputy Commissioner shall proceed to issue Grant Certificate in favour of the petitioner. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of 2 (Two) months from the date on which the amount is paid by the petitioner. 5. Learned High Court Government is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL