R.Sethulakshmi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.8467 of 2022 R.Sethulakshmi ... Petitioner Vs.

1.The District Collector, Ariyalur, Ariyalur District.

2.The Revenue Divisional Officer, Ariyalur, Ariyalur District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to initiate appropriate action on the representation of the petitioner dated 20.01.2022 within the time stipulated by this Court.

For Petitioner : Mr.E.P.Senniyangiri For Respondents : Mr.R.P.Murugan Raja Government Advocate *****

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the second respondent to initiate appropriate action on the representation of the petitioner dated 20.01.2022 within the time frame that may be stipulated by this Court.

2. The case of the petitioner is that the petitioner's father, namely one S.Rangaraju has purchased a residential plot situated in Survey No.281/2A1A5 from the Ariyalur Cooperative Building Society Limited and he was is possession and enjoyment

of the same from the date of purchase. After the demise of the petitioner's father, the petitioner obtained the said property by way of a registered Will dated 16.12.2004 and since then, she was in possession and enjoyment of the said property. However, the petitioner's father sold 6541 sq.ft. of the said land before the execution of the registered Will in favour of the petitioner. Though the original extent of the land purchased by the petitioner's father is 8838 sq.ft., in Natham Scheme, joint patta was issued only to 8640 sq.ft. on 27.09.1995. The remaining 198 sq.ft. is not included in the FMB sketch and in the Patta. Therefore, for surveying and measuring the said property, the petitioner has made a representation on 20.01.2022 before the second respondent. But, till date, no action has been taken by the second respondent. Hence, the petitioner has filed this writ petition.

3. Mr.E.P.Senniyangiri, learned counsel for the petitioner submits that it would suffice if this Court issues direction to the second respondent to consider the petitioner's representation dated 20.01.2022 and pass orders on the same within a stipulated time that may be fixed by this Court.

4. The learned Government Advocate has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the second respondent to consider the petitioner's representation dated 20.01.2020 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar sp/jd

To 1.The District Collector, Ariyalur, Ariyalur District.

2.The Revenue Divisional Officer, Ariyalur, Ariyalur District.

+1cc to Mr.E.P.Senniyangiri, Advocate SR.No.24412 +1cc to the Government Pleader, SR.No.24309 W.P. No.8467 of 2022 SJ(CO) CB(28/04/2022)