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Madras High CourtWP/18260/2015disposed of

N.Malinidevi v. The District Collector

2015-06-25Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25-06-2015

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18260 of 2015 N.Malinidevi

...Petitioner

vs

1. The District Collector Office of the District Collector

2. The Revenue Divisional Officer Office of the Revenue Divisional Officer

3. The Tahsildar Office of the Tahsildar

4. Selvarangam

...Respondents

Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 5.12.2014.

For Petitioner :

Mr.S.Gopi For Respondents :

Mrs.P.Rajalakshmi Government Advocate for RR1 to 3

ORDER

By consent, the writ petition itself is taken up for final disposal.

2.The petitioner would state that after the demise of her mother on 2.6.1995, there was an intestate succession and the revenue records have not been transferred and taking advantage of the same, the fourth respondent, who is none other than her junior grandfather,

in collusion with his wife and son-in-law, fraudulently sold the property admeasuring to an extent of 8 cents, in favour of his wife by means of a sale deed dated 7.2.2013, registered as Document No.1257/2013, on the file of the Sub-Registrar of Assurances, Ponneri, and also managed to get a legal heir certificate by concealing material facts and in this regard, she has submitted a representation dated 5.12.2014, to the respondents 1 to 3 praying for appropriate action, and the second respondent, in turn, has forwarded the representation to the third respondent vide letter in Na.Ka.5080/2014/A1 dated 19.12.2014, for taking appropriate action and in spite of it, no orders have been passed and hence, she came forward to file this writ petition.

3.Heard the submissions of the learned Counsel appearing for the petitioner, and Mrs.P.Rajalakshmi, learned Government Advocate, who accepted notice on behalf of the respondents 1 to 3. 4.This Court, taking into consideration the limited scope of prayer sought for by the petitioner, and without going into the merits of the same, directs the third respondent to consider and dispose of the petitioner's representation dated 5.12.2014, in accordance with law, after putting on notice, the fourth respondent and other persons concerned, within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the fourth respondent and also the persons concerned. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(AD-I) //True Copy// Sub Assistant Registrar nsv To:

1. The District Collector Office of the District Collector

2. The Revenue Divisional Officer Office of the Revenue Divisional Officer

3. The Tahsildar Office of the Tahsildar 1 CC to Mr.S.Gopi, Advocate SR.No. 31196 1 CC to the Government Pleader, SR.No. 31447 W.P.No.18260 of 2015 SKV (CO) PSI (06.07.2015)