Madras High CourtWMP/5328/2022disposed of

Ameer Bi v. N.Anwar Basha

2022-04-18Honourable Mrs Justice V.Bhavani Subbaroyan4 pages

W.M.P.No.5328 of 2022 in W.P.No.22001 of 2021 V.BHAVANI SUBBAROYAN.J, The first respondent herein namely Anwar Basha had earlier filed a Writ Petition before this Court in W.P.No.22001 of 2021 for issuance of a Writ of Mandamus directing the second respondent herein to consider and dispose of his representation dated 17.07.2020 in accordance with law. This Court, without going into the merits of the case, has directed the second respondent to consider his representation dated 17.07.2020 and pass orders on merits and in accordance with law within a period of five months from the date of receipt of a copy of the order. Now, one Mrs.Ameer Bi has filed this petition seeking grant of leave to her to be impleaded as second respondent in W.P.No.22001 of 2021.

2. The learned counsel for the petitioner would submit that the petitioner has been in possession and enjoyment of the property purchased by the first respondent even prior to the year 1974. The first respondent, without impleading her as a party to the proceedings, filed a Writ Petition before this Court and obtained an order behind her back for consideration of his representation by the second respondent. Further, he would submit that a letter has also been sent by the petitioner in this regard, the same is yet to be considered by the second respondent.

3. In view of the submissions made by the learned counsel for the petitioner, this Court makes it clear that this Court has not passed any orders for grant of patta to the first respondent and only a direction has been issued to the second respondent to pass orders on his representation, on merits and in accordance with law. Further, this Court, taking into consideration the fact that the petitioner also has given a representation to the second respondent in respect of the disputed property, hereby directs the second respondent to consider both the representations i.e. the representation of the petitioner as well as the representation of the first respondent, and pass appropriate orders on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order, after giving an opportunity of personal hearing to both the parties.

4. Accordingly, this miscellaneous petition is disposed of. 18.04.2022 raja

V.BHAVANI SUBBAROYAN.J, raja W.M.P.No.5328 of 2022 in W.P.No.22001 of 2021 18.04.2022