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Madras High CourtWP/3023/2019disposed of

Fathima v. The District Collector

2019-02-01Honourable Mrs Justice Pushpa Sathyanarayana2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2019

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P.No.3023 of 2019 Fathima .. Petitioner Vs.

1. The District Collecotr, Kanchipuram District, Kanchipuram.

2. The Revenue Divisional Officer Tambaram, Kanchipuram District.

3.Abdul Kareem .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 24.09.2018 made to restore the patta No.4, bearing Old Survey No.127/Part, New Survey No.127/30 for total extent of 0.0332 square metre (3619 Sq.ft) situate at Kamaraja Puram Main Road, Sembakkam Village, Tambaram Taluk, Kanchipuram District after cancelling the patta stands in the name of Abdul Kareem and pass suitable orders within a specified period. For Petitioner : Mr.D.Murthy For Respondents 1 and 2:Mr.A.Soundhararajan Government Advocate

ORDER

By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner has come up with this Writ Petition seeking a direction to the second respondent to consider the petitioner's representation dated 24.09.2018 to restore the patta No.4, bearing Old Survey No.127/Part, New Survey No.127/30 for total extent of 0.0332 square metre (3619 Sq.ft) situated at Kamaraja Puram Main Road, Sembakkam Village, Tambaram Taluk, Kanchipuram District by cancelling the patta stands in the name of Abdul Kareem within a specified period.

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3. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 24.09.2018 seeking to restore the patta No.4, bearing Old Survey No.127/Part, New Survey No.127/30, measuring a total extent of 0.0332 square metre (3619 Sq.ft) situated at Kamaraja Puram Main Road, Sembakkam Village, Tambaram Taluk, Kanchipuram District by cancelling the patta standing in the name of Abdul Kareem/third respondent herein, but, the same is yet to be disposed of by the second respondent. Hence, the petitioner is before this Court.

4. Heard Mr.A.Soundhararajan, learned Government Advocate on behalf of the respondents 1 and 2.

5. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the respondents to consider the petitioner's representation dated 24.09.2018 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner, the third respondent herein and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition stands disposed of. No costs.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar To

1. The District Collecotr, Kanchipuram District, Kanchipuram.

2. The Revenue Divisional Officer Tambaram, Kanchipuram District.

+1cc to Mr.D.Murthy, Advocate, S.R.No.9597 +1cc to the Government Pleader, S.R.No.9144 W.P.No.3023 of 2019 GSP(15/02/2019) https://hcservices.ecourts.gov.in/hcservices/