R.Visalakshi v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN W.P.No.12098 of 2014 and M.P.No.1 of 2014 R.Visalakshi ... Petitioner Vs.

1. The Collector, Office of the Collector, Dharmapuri.

2. The Tahsildar, Taluk Office, Harur.

... Respondents The Writ Petition has been filed, under Article 226 of the Constitution of India praying, for the issuance of a writ of mandamus, directing the respondents to consider and pass orders on the petitioner's representations, dated 2.9.2013 and 13.4.2014, relating to her lands in Regn., situated at Dharmapuri District, Morappur Sub-Registration District, Navalai village, in S.No.106/2, New S.No.106/2A Punja land of an extent of 2.04 acres with one well 1/2 share as well as electricity service connection and being situated at Dharmapuri Registration district, Morappur Sub Registration District, Navalai village in S.No.106/2A of an extent of 2.52 cents and in S.No.106/2B of an extent of 0.07 1/2 cents, and 1/2 share in a well in S.No.106/2A together with electricity service connection, including instruments.

For Petitioner : Mr.K.Nagarajan For Respondents : Mr.P.Karthikeyan, Government Advocate

ORDER

Heard the learned counsel appearing on behalf of the petitioner, as well as the learned counsel appearing on behalf of the respondents.

2.

This writ petition has been filed by the petitioner, praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representations, dated 2.9.2013 and 13.4.2014, within the time frame, as fixed by this Court. 3.

Though various grounds have been raised in the affidavit filed in support of the writ petition, the learned counsel appearing on behalf of the petitioner has submitted that it would suffice, if the second respondent Tahsildar is directed to dispose of the representation, dated 13.4.2014, on merits and in accordance with law, within a specified period. 4.

In view of the averments made in the affidavit filed in support of the writ petition and in view of the submissions made by the learned counsel appearing on behalf of the petitioner, this Court finds it appropriate to direct the second respondent to dispose of the representation of the petitioner, dated 13.04.2014, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, after giving an opportunity of hearing to the petitioner and the other persons concerned, if any. The petitioner shall furnish a copy of the representation, dated 13.4.2014, to the second respondent, along with a copy of this order. However, it is made clear that this Court has not expressed any opinion on the merits of the matter, by passing this order.

5.

The writ petition is disposed of, with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar vvk To

1. The Collector, Office of the Collector, Dharmapuri.

2. The Tahsildar, Taluk Office, Harur.

+1cc to Mr.K.Nagarajan, Advocate, S.R.No.43627 +1cc to the Government Pleader, S.R.No.43667 W.P.No.12098 of 2014 BVR(CO) CA(17/08/2016)