Madras High CourtWP(MD)/6861/2017disposed of

M.Fathima, v. The Tahsildar,

2023-10-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI M.Fathima ... Petitioner Vs The Tahsildar, Melur Taluk, Madurai District.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondent to consider and pass order on the petitioner's representation dated 09.03.2017 in accordance with law within the time as stipulated by this Court.

For Petitioner : Mr.R.V.Rajkumar For Respondent : Mr.P.T.Thiraviam Government Advocate

O R D E R

The petitioner with a grievance that the patta which stood in the name of the petitioner was cancelled without providing 1/4

an opportunity and has filed this writ petition in the year 2017 for a Mandamus, to direct the respondent to consider and pass orders on the petitioner's representation dated 09.03.2017. 2.In earlier occasion, when this writ petition was taken up for hearing, the learned Government Advocate was directed to get instructions as to whether this petitioner was provided with an opportunity before cancelling the patta stands in her name. 3.Today(05.10.2023), when this writ petition is taken up for hearing, the learned Government Advocate based on the written instructions, which he has received from the Tahsildar, Melur, dated 04.10.2023 submits that the patta was cancelled pursuant to the orders of the Commissioner of Land Administration. However, the petitioner was not provided any opportunity before passing the order.

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4.In view of the fact that the petitioner was not provided with an opportunity of hearing before passing this impugned order, this writ petition is disposed of with a liberty to the petitioner to file an appeal before the Revenue Divisional Officer within a period of three weeks from the date of receipt of a copy of this order. In the event, if any such appeal is filed under the Tamil Nadu Patta Pass Book Act,1983, the Revenue Divisional Officer shall consider the same without insisting for any limitation and decide the matter on its merits and in accordance with law within a period of four months from thereon. No costs.

05.10.2023 NCC: Yes/No Index:Yes/No Internet:Yes vrn To The Tahsildar, Melur Taluk, Madurai District.

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B.PUGALENDHI, J.

vrn Order made in 05.10.2023 4/4