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Madras High CourtWP/19387/2025disposed of

M/S.Hotel Rathna Residency, v. The Tahsildar

2025-05-28Honourable Mrs Justice T.V.Thamilselvi3 pages

W.P.No.19387 of 2025 and WMP.No.21643 of 2025 T.V.THAMILSELVI, J.

Today, the matter is listed under the caption "for being mentioned", at the instance of the learned counsel for the petitioner.

2. The learned counsel for the petitioner submitted that in paragraph No.3 of the order dated 28.05.2025 in WP.No.19387 of 2025 and WMP.No.21643 of 2025, this Court granted two weeks time to the petitioner to file a fresh application before the District Collector. It is now requested that the said period be modified as six weeks.

3. Heard the learned counsel for the petitioner.

4. Considering the submission made, the Registry is directed to replace paragraph No.3 of the order dated 28.05.2025 in WP.No.19387 of 2025, with the following:

"3. The learned counsel for petitioner argues that as per the new Amendment Act, the Collector only empowered to dispose the said application, but the respondent Tahsildar, who has no authority to conduct enquiry after the amendment Act 13 of 2025. However, by relying new proviso to Sec.2(2)

of the Amendment Act 13 of 2025, the learned counsel argues that if at all, any pending application, the Tahsildar has to transfer the said application to the Collector, instead of that, he himself passed an order as such is illegal. But the fact reveals that as per the direction of this Court, the respondent Tahsildar had passed an order as rightly pointed out by the learned Government Advocate. Therefore, liberty is granted to the petitioner to approach the District Collector by filing a fresh application within a period of six weeks from the date of receipt of copy of this order and on receipt of such application, the District Collector is directed to dispose of the same in accordance with law within a period of eight weeks".

5. Registry is directed to incorporate the above paragraph in the order dated 28.05.2025 and issue a fresh order copy to the parties forthwith.

6. In other respects, the order dated 28.05.2025 shall remain unaltered.

09.06.2025 rri

T.V.THAMILSELVI, J.

rri W.P.No.19387 of 2025 and WMP.No.21643 of 2025 09.06.2025