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Madras High CourtWP/14703/2015disposed of

C.Meenakshi Sundareswari, v. The Commissioner Of

2015-05-13Honourable Mr Justice R.Subbiah6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.05.2015

CORAM

THE HONOURABLE MR .JUSTICE R.SUBBIAH W.P.No.14703 of 2015 and M.P.No.1 of 2015 C.Meenakshi Sundareswari .. Petitioner Vs.

1.The Commissioner of Land Administration, Chepauk, Chennai-600 008 2.The District Revenue Officer, Coimbatore District, Coimbatore.

3.The Tahsildar, Valparai Taluk, Valparai, Coimbatore.

4.The Sub-Registrar, Anaimalai, Pollachi Taluk, Coimbatore District 5.Indian Bank, Rep.by its Manager, Pollachi Branch, Coimbatore District 6.Dr.Kathirvel 7.Mrs.Pungajam Kathirvel

8.T.Gejalakshmi 9.A.Ravichandran 10.K.Udayakumari 11.R.Sarojini 12.C.Raja Rajeswari ... Respondents Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the third respondent herein to dispose of the representation of the petitioner dated 19.07.2013 and dated 04.05.2015, within time frame fixed by this Court and consequently direct the fourth respondent not to register any document in respect of the property situated at Valparai (Anaimalai Hills/Poonachi Hills) Village and Taluk, Coimbatore District bearing old Survey No.2A and 10A having an extent of 110 acres till disposal of the representations of the petitioner dated 19.7.2013 and 04.05.2015. For Petitioner : Mr.M.Habeeb Rahman For Respondents : Mr.R.Vijayakumar,A.G.P.

for R1 to R4

ORDER

Heard Mr.M.Habeeb Rahman, learned counsel appearing for the petitioner and Mr.R.Vijayakumar, learned Additional Government Pleader, who takes notice for respondents 1 to 4. In view of the order that is going to be passed hereunder, there is no need to issue notice to respondents 5 to 12.

2. This writ petition has been filed seeking for a writ of mandamus directing the third respondent herein to dispose of the representations of the petitioner dated 19.07.2013 and 04.05.2015 and consequently to direct the fourth respondent not to register any document in respect of the property situated at Valparai (Anaimalai Hills/Poonachi Hills) Village and Taluk, Coimbatore District bearing old Survey No.2A and 10A having an extent of 110 acres till the disposal of the representations of the petitioner.

3. It is the grievance of the petitioner that though she has given representations dated 19.07.2013 and 04.05.2015 seeking cancellation of the patta issued in favour of the 6th, 7th and 8th respondents and for issuing patta in favour of the legal heirs of her grandfather, namely, Late Mr.Venkatachala Mudaliar, no orders have been passed on the said representations so far. Hence, the petitioner is before this Court with the prayer as stated above.

4. Though very many contentions have been raised in the writ petition, the learned counsel for the petitioner, at the time of making submissions, would submit that the petitioner would be

satisfied if a direction is given to the third respondent to consider her representations dated 19.7.2013 and 4.5.2015, with regard to the cancellation of patta issued in favour of the 6th, 7th and 8th respondents and for issuing patta in favour of the legal heirs of the grandfather of the petitioner, namely, Late Mr.Venkatachala Mudaliar.

5. Considering the limited prayer and the submissions made by the learned counsel for the petitioner, without expressing any opinion on the merits of the case, this Court is constrained to pass the following order.

The third respondent is directed to consider the representations of the petitioner dated 19.07.2013 and 04.05.2015 and after issuing notice to the respondents 6 to 12 and after conducting enquiry, pass orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of accordingly. No costs. Connected miscellaneous petition is closed.

14.05.2015 msk To 1.The Commissioner of Land Administration, Chepauk, Chennai-600 008 2.The District Revenue Officer, Coimbatore District, Coimbatore.

3.The Tahsildar, Valparai Taluk, Valparai, Coimbatore.

4.The Sub-Registrar, Anaimalai, Pollachi Taluk, Coimbatore District 5.The Manager The Indian Bank, Pollachi Branch, Coimbatore District

R.SUBBIAH, J.

msk W.P.No.14703 of 2015 14.05.2015