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Madras High CourtWP/7335/2018disposed of

D.Kalavathi v. The District Collector

2021-12-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2021

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN WP.No.7335 of 2018 and WMP.No.9110 of 2018 1.D.Kalavathi 2.P.Thilagavathi 3.G.Padmavathi ... Petitioners Vs 1.The District Collector, Chennai District, At Chennai 2.The District Revenue Officer, Singaravelar Maaligai, Rajaji Salai, Chennai 600 001 3.The Tahsildar, Velachery Taluk, Chennai 4.Thiruvethi alias Essakuruvi

...Respondents

Prayer :- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to cancel the patta in respect of the property situated in survey No.208/70, Door No.37, Thiruveethi Amman Koil, 2nd Street, Thiruvanmiyur, Chennai 600 041 totally to an extent of 1,023 sq.ft. which stands in the name of the fourth respondent by considering the petitioners' representation dated 21.02.2018.

For Petitioners : Mr.A.Rajesh Kanna For Respondents For R1 to 3 : Mr.P.Baladhandayutham, Special Government Pleader For R4 : Mr.S.Ganesan

ORDER

The petitioners filed this writ petition for direction directing the respondents to cancel the patta in respect of the property situated in survey No.208/70, Door No.37, Thiruveethi Amman Koil, 2nd Street, Thiruvanmiyur, Chennai 600 041 totally to an extent of 1,023 sq.ft. which stands in the name of the fourth https://hcservices.ecourts.gov.in/hcservices/

respondent by considering the petitioners' representation dated 21.02.2018.

2. Heard, Mr.A.Rajesh Kanna, the learned counsel for the petitioners, Mr.P.Baladhandayutham, Special Government Pleader appearing for the respondents 1 to 3, and Mr.S.Ganesan, the learned counsel for the fourth respondent.

3. Due to lapse of three years, it cannot be directed to consider their representation dated 21.02.2018. That apart, the petitioners did not make application before the authority concerned for cancellation of patta.

4. Considering the above, the petitioners are directed to file fresh appeal before the authority concerned i.e. Revenue Divisional Officer concerned for cancellation of patta within a period of two weeks from the date of receipt of copy of this order. On receipt of the same, the authority concerned is directed to issue notice to the petitioner and the counter parties i.e. the fourth respondent and other counter parties, if any, and conduct enquiry and, after giving them opportunity of hearing, pass orders on merits and in accordance with law.

5. With the above directions, this writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No order as to costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar lok To 1.The District Collector, Chennai District,At Chennai 2.The District Revenue Officer, Singaravelar Maaligai, Rajaji Salai, Chennai 600 001 3.The Tahsildar, Velachery Taluk,Chennai.

+1 cc to Mr.A.Rajesh Kanna, Advocate Sr.NO.69188 +1 cc to Mr.S.Ganesan, Advocate Sr.NO. 69521 WP.No.7335 of 2018 VSN II(CO) A.SK(11.01.2022) https://hcservices.ecourts.gov.in/hcservices/