Mrs.S.Rema @ S.Rema Asley v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2018

CORAM

THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.6100 of 2018 and W.M.P.No.7521 of 2018 S.Rema @ S. Rema Asley Schiffer, Rep. by her Power of attorney holder S.V. Manickavasagam .. Petitioner versus

1. The District Collector, Office of the Collectorate of Coimbatore, Coimbatore - 641 018.

2. The Commissioner of Coimbatore, Corporation (Main Office), Town Hall, Coimbatore - 641 001.

3. The Tahsildar, Madhukari Taluk Tahsildar Office, Madhukari, Coimbatore.

.. Respondents PRAYER : Writ Petitions filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and third respondents to consider the petitioner's representation dated 22/11/2017 and 28/10/2017 and consequently issue an appropriate certificate for my right of ownership of the property, more fully described in the schedule. For Petitioner : Mr.V.Jayachandran For Respondents : Mr.V.Shanmugasundar Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking a direction to the first and third respondents to consider the petitioner's representation dated 22/11/2017 and 28/10/2017 and consequently issue an appropriate certificate the his right of ownership of the property, more fully described in the schedule hereunder Schedule of Property:

All the piece and parcel of Land measuring an extent of 50 cents and 258 Sq.ft out of 3 acres and 68 cents in Survey No. 161/2B1, Ram Nagar, approval layour, bearing No. LPDM/DTP85/1965, Kuruchi Village, Coimbatore South Taluk (Presently Madhukarai Taluk) and Coimbatore District, with in the Registrar District of Coimbatore and the Joint -1, Sub Registrar, Coimbatore and bounded on South by : Land in Survey No. 161/5 North by : House site (Plot) Nos. 19,20,21,22 & 23 West by : 30 Feet Layour Road,leading North to south and East by : House site (Plot) Nos. 26 & 27

2. According to the learned counsel for the petitioner, the petitioner has submitted representations dated 28.10.2017 and 22.11.2017 seeking issuance of appropriate certificate of ownership, but, the same is yet to be disposed of by the first and third respondents. Hence, the petitioner is before this Court.

3. Heard Mr.V.Jayachandran, learned counsel appearing for the petitioner and Mr.V.Shanmugasundar, learned Special Government Pleader appearing for the respondents.

4. Considering the facts and circumstances of the case and the submissions made on either side, this Court, without expressing any opinion on the merits of the representation, directs the first and third respondents to consider the petitioner's representations dated 28.10.2017 and 22.11.2017 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them due opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order. 5.With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar rsi To 1.The District Collector, Office of the Collectorate of Coimbatore, Coimbatore - 641 018.

2.The Commissioner of Coimbatore, Corporation (Main Office), Town Hall, Coimbatore - 641 001.

3.The Tahsildar, Madhukari Taluk Tahsildar Office, Madhukari, Coimbatore.

+1cc to Mr.V.Jayachandran, Advocate, S.R.No.82481 +1cc to the Government Pleader, S.R.No.83645 W.P. No.6100 of 2018 and W.M.P.No.7521 of 2018 SSI(CO) rrs 20/12/2018