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Madras High CourtWP/26290/2017disposed of

Vijayalakshmi Kannan, v. The Tahsildar,

2019-04-22Honourable Dr Justice Anita Sumanth3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2019

CORAM

THE HONOURABLE Dr. JUSTICE ANITA SUMANTH W.P.No.26290 of 2017 Vijayalakshmi Kannan ..Petitioner Vs.

1.The Tahsildar, Taluk Office, Thiruporur Taluk, Kancheepuram District.

2.The District Collector, Kancheepuram District, Kancheepuram.

3.J.Kannan 4.K.Sriram .. Respondents (R3 & 4 are impleaded as per order dt.26.10.2017 by KRCBJ in WMP.28857/17 in WP.26290/17) Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 1st respondent to consider the application of the petitioner dated 30.01.2015 and issue patta for the lands in question comprised in Survey No.11/1B and 11/2, situated at Sri Kumaran Nagar West, Karunkuzhipallam village, Thiruporur Taluk, Kancheepuram District.

For Petitioner : Mr.S.Sadasharam For Respondents: Mr.Akhil Akbar Ali, Government Advocate for R1 & R2 No appearance for R3 & R4

O R D E R

This writ petitioner seeks the limited relief of a Mandamus directing the first respondent/Tahsildar, Taluk Office, Thiruporur Taluk, Kancheepuram District to consider the

petitioner's application dated 30.01.2015 and issue patta for the lands comprised in Survey No.11/1B and 11/2, situated at Sri Kumaran Nagar West, Karunkuzhipallam Village, Thiruporur Taluk, Kancheepuram District.

2.Though, sufficient opportunity has been granted to the respondents to file a counter on several occasions, no counter has been filed till date.

3.Today, Mr.Akhil Akbar Ali, learned Government Advocate would agree that the first respondent may be directed to consider the application after grant of opportunity to the petitioner and pass appropriate orders.

4.It is seen that though the representation of the petitioner dated 30.01.2015 has been sent under cover of Registered Post with Acknowledgement Due, no receipt is placed on file. Accordingly, I permit the petitioner to appear before the first respondent/Tahsildar, Taluk Office, Thiruporur Taluk, Kancheepuram District on 30.04.2019 at 2.30 p.m. along with a copy of her application dated 30.01.2015. No further notice is required in this regard. The first respondent/Tahsildar shall receive the same. Notice of hearing shall be issued thereafter to the petitioner as well as all other parties who may be interested in the matter and necessary and appropriate orders shall be passed by the first respondent after hearing the petitioner and other concerned parties within a period of six weeks from 30.04.2019.

5.The writ petition is disposed of in the above terms. No costs.

tsg/vs Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Tahsildar, Taluk Office, Thiruporur Taluk, Kancheepuram District.

2.The District Collector, Kancheepuram District, Kancheepuram.

+1cc to Mr.S.Sadasharam, Advocate, SR.No.38566 W.P.No.26290 of 2017 Kak(24/04/2019)