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Madras High CourtWP/17705/2025disposed of

Khathun Beebi v. The District Collector

2025-06-05Honourable Mr Justice Mohammed Shaffiq4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Khathunbibi Petitioner(s) Vs 1.The District Collector, Collector Office Building, Perambalur District.

2.The Revenue Divisional Officer (RDO), Revenue Divisional Officer Building, Perambalur District.

3.The Tahsildar Veppanthathai, Perambalur District.

4.The Village Administrative Officer (VAO) Kaikalathur Village, Kaikalathur (West), Perambalur District.

5.Safiullah 6.Settu Mohammed 7.Ismail 8.Abdul Razzaq 9.Maideen Beevi Respondent(s) 1/4

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the 1st to 4th respondents to consider the representation dated 24.02.2023 against the 5th to 9th respondents within time frame fixed by this Court.

For Petitioner(s) : Mr.A.Mohammed Feroz For Respondent(s) : Mr.A.Selvendran 1 to 4 Special Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to Respondents 5 to 9 is dispensed with.

2. The present writ petition is filed praying for a writ of mandamus to cancel the patta issued in the name of respondents 5 to 9 on the premise that Survey No.294/4A, new Survey No.316/4A measuring an extent of 193 cents and Survey No.297/4 measuring an extent of 176 cents adjacent to the petitioner's agricultural land is a pathway. It is submitted that patta has been erroneously issued in the name of respondents 5 to 9. Petitioner would submit that the same ought to be cancelled. Petitioner submitted a representation to that effect on 24.02.2023, which has not been been considered by the respondents till date. Hence, this writ petition.

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3. Learned Government Pleader appearing for respondents would submit that the representation made by petitioner would be considered after putting respondents 5 to 9 and any other interested parties on notice and after affording the petitioner and respondents 5 to 9 a reasonable opportunity of hearing, within the time frame to be fixed by this Court, which was readily accepted by the learned counsel for petitioner.

4. In view thereof, the writ petition stands disposed of with a direction to the appropriate respondent to consider the representation dated 24.02.2023 on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, respondents 5 to 9 and any other interested persons/stake holders, including rival claimants, if any, within a period of 8 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs. 05.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka 3/4

MOHAMMED SHAFFIQ, J.

mka To:

1.The District Collector, Collector Office Building, Perambalur District.

2.The Revenue Divisional Officer (RDO), Revenue Divisional Officer Building, Perambalur District.

3.The Tahsildar Veppanthathai, Perambalur District.

4.The Village Administrative Officer (VAO) Kaikalathur Village, Kaikalathur (West), Perambalur District.

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