E.Muniammal, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2021
CORAM:
THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.NO.1347 OF 2020 AND W.M.P.NO.1607 OF 2020 E.Muniammal, W/o.Ethiraj (late) ... Petitioner .Vs.
1. The District Collector, Office of the District Collector, Kancheepuram-631 501.
2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, G.S.T.Road, Chengalpattu-603 001.
3. The Zonal Deputy Tahsildar, Tiruporur, Kancheepuram Dt.-603 110.
... Respondents PRAYER:- Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent vide application ID No.2019/0103/03/132482 dated 09.03.2019 and to quash the same and consequently direct the 2nd respondent to consider the representation of the petitioner dated 28.01.2019 for transfer of patta comprising S.No.493/1, situated in No.124, Siruthavur Village, Chengalpattu Taluk, Kancheepuram District in the name of petitioner.
For Petitioner : Mr.M.Rajasekar For Respondents : Mr.K.M.D.Muhilan Government Advocate
O R D E R
(The case has been heard through video conference) The Writ Petition has been filed challenging the online order passed by 3rd respondent Tahsildar rejecting the petitioner's application seeking for patta.
2. The grievance of the petitioner is that, she has filed an application seeking for patta on 28.01.2019 and the same is pending with the 3rd respondent. The 3rd respondent Tahsildar, without any enquiry whatsoever, had rejected the same and issued order in online.
3. Earlier, notice ordered to the respondents and when the matter came up for hearing, it is stated that, the 3rd respondent had posted the matter for enquiry on 21.02.2020 and hence, learned Government Advocate was directed to get instructions from the 3rd respondent regarding present stage of enquiry.
4. Today, when the matter taken up for hearing, Mr.K.M.D.Muhilan, learned Government Advocate, on instructions, would submit that, the 3rd respondent had fixed the enquiry on 16.07.2021 at 03.00 p.m. Hence, the 3rd respondent may be directed to proceed with the enquiry and pass suitable orders.
5. Considering the fact that, as the enquiry was already posted for hearing on 16.07.2021, the petitioner is directed to appear for enquiry on that day and the 3rd respondent is directed to proceed with the enquiry and pass suitable orders on merits in accordance with law after giving opportunity to the petitioner within a period of four weeks thereafter. Accordingly, this Writ Petition stands closed. No costs. Connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar rpp To
1. The District Collector, Office of the District Collector, Kancheepuram - 631 501.
2. The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, G.S.T.Road, Chengalpattu-603 001.
3. The Zonal Deputy Tahsildar, Tiruporur, Kancheepuram Dt. - 603 110.
W.P.NO.1347 OF 2020 PCH(CO) PBS/18/08/2021