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Madras High CourtWP/14732/2017disposed of

A.Alamelu, W/O.Arul, v. The District Collector

2017-06-13Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2017

CORAM

THE HON'BLE Mr. JUSTICE M.DURAISWAMY W.P.No.14732 of 2017 A. Alamelu ... Petitioner Vs.

1. The District Collector, Villupuram District.

2. The Revenue Divisional Officer (RDO) Thirukovilur, Villupuram District.

3. The Tahsildar, Ulundhurpet Taluk, Villupuram District.

4. Rajendran

5. Murugan ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the first to third respondents to consider the representation letter dated 23.05.2017 filed by the petitioner and further directing the respondents to issue Patta in favour of petitioner and Rajendran and Murugan based on relevant registered document viz., the registered will document No.36/2000 and settlement deed document No.2680/2016 in accordance with law.

For Petitioner : Mr.S. Ramajayam For Respondents : Mr.A.N.Thambidurai, Special Government Pleader(R1 to R3)

O R D E R

The petitioner has filed the above Writ Petition to issue a writ of mandamus directing the respondents 1 to 3, to consider her representation dated 23.05.2017 and further, directing the respondents to issue Patta in her favour and respondents 4 and 5, based on the relevant registered documents namely, the registered Will dated 04.05.2000 and Settlement Deed dated 19.10.2016, in accordance with law.

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2.The learned counsel appearing for the petitioner submitted that the petitioner has given a copy of the representation to the Revenue Divisional Officer and same may be treated as an appeal, filed against the order passed by the Tahsildar and the Revenue Divisional Officer may be directed to dispose of the appeal expeditiously, in accordance with law. 3.Mr.A.N.Thambidurai, learned Special Government Pleader taking notice for the respondents 1 to 3, submitted that the Revenue Divisional Officer may be directed to consider the petitioner's representation dated 23.05.2017 as an appeal and dispose of same in accordance with law.

4.Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I direct the Revenue Divisional Officer to treat the representation given by the petitioner dated 23.05.2017 as an appeal under section 12 and dispose of the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order, after giving notice to all the interested parties.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Asst.Registrar (CCC) /true copy/ Sub Asst. Registrar nl To

1. The District Collector, Villupuram District.

2. The Revenue Divisional Officer (RDO) Thirukovilur, Villupuram District.

3. The Tahsildar, Ulundhurpet Taluk, Villupuram District.

+1cc to M/s.S.Ramajayam, Advocate in sr.no.41644 +1cc to Government Pleader in sr.no.42063 W.P.No.14732 of 2017 GMI(CO) NR 22/06/2017 https://hcservices.ecourts.gov.in/hcservices/