Madras High CourtWP(MD)/13931/2019disposed of

R.Flora, W/O.Late.Rajadesingh v. The Tahsildar,

2019-06-21Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.06.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13931 of 2019 and W.M.P.(MD)No.10414 of 2019 R.Flora, ... Petitioner -Vs1. The Tahsildar, Sathankulam, Tuticorin District.

2. Bala Thilagar

3. Ashok Wesly ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the 1st respondent to cancel the Patta No.2160 issued in respect of Sy.No.864/2A1 in the name of the 2nd and 3rd respondents on the basis of the petitioner's representation, dated 23.01.2019. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 : Mr.B.Bhagawathi, GA,

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the 1st respondent to cancel the Patta No.2160 issued in respect of Sy.No.864/2A1 in the name of the 2nd and 3rd respondents on the basis of the petitioner's representation, dated 23.01.2019.

2.Heard Mr.P.M.Vishnuvarthanan, learned counsel appearing for the petitioner and Mr.B.Bhagawathi, learned Government Advocate appearing for the 1st respondent. Since no adverse order is going to be passed against the respondents 2 and 3, notice to them is dispensed with.

3.Though the prayer sought for herein is for direction to the 1st respondent to cancel the patta, the learned counsel appearing for the petitioner, today, submits that even if the representation https://hcservices.ecourts.gov.in/hcservices/

of the petitioner dated 23.01.2019 is considered by the 1st respondent and an order to that effect is passed, on merits, within a time frame, the petitioner would be satisfied. 4.I have heard the learned Government Advocate appearing for the 1st respondent, who would submit that, the said representation of the petitioner would be considered by the 1st respondent after giving opportunity to the private respondents i.e. the respondents 2 and 3 and an order would be passed thereon, on merits and in accordance with law, within a time frame to be stipulated by this Court.

5.Considering the limited scope of the writ petition, with the consent of both the parties, this writ petition is disposed of, at the admission stage itself, with the following direction: "The 1st respondent is hereby directed to consider the representation of the petitioner dated 23.01.2019 and pass orders thereon, on merits and in accordance with law, of course, after hearing both the petitioner as well as private respondents i.e. respondents 2 and 3 and pass final orders thereon, within a period of six weeks from the date of receipt of a copy of this order." 6.With this direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) Arul To The Tahsildar, Sathankulam, Tuticorin District.

+ 1 CC TO Mr.P.M.Vishnuvarthanan, ADVOCATE IN SR No.70575 + 1 CC to The Special Government Pleader SR.No.70979 Order made in W.P.(MD)No.13931 of 2019 Dated:21.06.2019 KS(02.07.2019) 2 P 4 C https://hcservices.ecourts.gov.in/hcservices/