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Madras High CourtWP/10770/2022disposed of

T.Monisha, v. The District Collector,

2022-04-28Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2022 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI W.P. No.10770 of 2022 T.Monisha ... Petitioner Vs.

1.

The District Collector, Collectorate, Salem.

2.

The Tahsildar, Hasthampatti Taluk Office, Salem District-636 007. ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein act up on the petitioner representation dated 05.04.2022 in the light of the Government order dated 08.07.2011 made in G.O.(Ms).No.210 and name transfer in favour of the petitioner bearing old number 259/1D1 and New T.S.Nos.5/1 totally admeasure 1162 sq.ft which is situated in Ward No.F, Block No.47, Salem Taluk, Salem District belongs to the petitioner.

For Petitioner : Mr.M.Sudhan For Respondents : Mr.R.Vigneswaran, Government Advocate

O R D E R

This writ petition has been filed seeking for an issuance of a writ of Mandamus to direct the respondents herein act up on the petitioner representation dated 05.04.2022 in the light of the Government order dated 08.07.2011 made in G.O.(Ms).No.210 and name transfer in favour of the petitioner bearing old number 259/1D1 and New T.S.Nos.5/1 totally admeasure 1162 sq.ft which is situated in Ward No.F, Block No.47, Salem Taluk, Salem District belongs to the petitioner.

2. The case of the petitioner is that the aforesaid property was originally owned by the petitioner's father-in-law through registered sale deed, dated 22.05.2021 and the Patta for the aforesaid property stands in his name. Due to Covid-19, the petitioner's husband, father-in-law and mother-in-law had passed away. Since, the petitioner is the only legal heir of the aforesaid property, she made a representation dated 05.04.2022 before the respondents, seeking to transfer all the revenue records in her name. However, till date the petitioner's representation was not considered by the respondents. Hence, she has filed the present Writ Petition seeking the aforesaid relief.

3. Though very many grounds have been raised in this Writ Petition, learned counsel for the petitioner submits that, it would suffice, if this Court issues direction to the respondents to consider the petitioner's representation dated 05.04.2022 and pass orders on merits within a particular time frame to be fixed by this Court.

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

5. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

6. Taking into consideration the factual aspects of the matter, this Court without going into the merits of the case, directs the respondents to consider the said representation of the petitioner dated 05.04.2022 and pass appropriate orders, on merits and in accordance with law, after affording an opportunity of hearing to the petitioner as well as aggrieved persons if any, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above observations and direction, the Writ Petition is disposed of. No costs.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar

To 1.

The District Collector, Collectorate, Salem.

2.

The Tahsildar, Hasthampatti Taluk Office, Salem District-636 007.

+1 CC to The Government Pleader sr 30703.

W.P. No.10770 of 2022 KJ(CO) SP(16/05/2022)