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Madras High CourtWP/6620/2018disposed of

Mrs.C.Malathi v. The Sub Collector

2024-02-19Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN C.Malathi W/o.Chithuraj ... Petitioner versus 1.The Sub-Collector, Sub-Collector Office, Mettur (TK), Salem District.

2.V.Velayutham .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to consider and dispose of the representation/petition dated 12.01.2015 and to recover the petitioner's land in S.No.117/1A, spread over 68 cents from the second respondent.

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For Petitioner :

Mr.P.Vijendran For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 Mr.V.Sekar for R2

O R D E R

This writ petition has been filed seeking for a issuance of a writ of mandamus, directing the first respondent to consider and dispose of the petitioner's representation/petition dated 12.01.2015, wherein and whereby she sought to recover the land in S.No.117/1A, Patta No.614 measuring an extent of 68 cents from the second respondent and hand over the possession to the petitioner.

2.Heard both sides and perused the materials available on record. Page No.2/5

3.On a perusal of the records, it is seen that on receipt of representation from the petitioner dated 12.01.2015, the first respondent has sent summons to the parties twice, thereafter, the first respondent has not taken any action. It is seen from the counter affidavit, that since the petitioner is not cooperating for the enquiry, the proceedings are still pending.

4. Since this writ petition is filed for a simple Mandamus to consider the representation of the petitioner, this Court, without expressing any view or opinion with regard to the merits of the case, directs the first respondent to consider the representation of the petitioner dated 12.01.2015 and pass appropriate orders on merits and in accordance with law, after affording due opportunity of hearing to the petitioner and the second respondent herein as well as interested parties if any, within a period of six weeks from the date of receipt of a copy of this order.

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5. With the above direction, the writ petition is disposed of. There shall be no order as to costs.

19.02.2024 Index: Yes/No Speaking Order : Yes/No ms To The Sub-Collector, Sub-Collector Office, Mettur (TK), Salem District.

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P.VELMURUGAN, J.

ms 19.02.2024 Page No.5/5