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Madras High CourtWP/13222/2023disposed of

M.Muniyammal v. The District Collector

2023-06-01Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI M.Muniyammal ... Petitioner Vs.

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Omalur Taluk, Omalur, Salem District.

3. The Village Administrative Officer, Kottamettupatti Village, Omalur Taluk, Salem District.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 1 and 2 to issue Residential Certificate for the house site situated in Old .No.49/5, New S.No.100 in House Site No.5, Kullappa Naickenpatti Village, Mettupatti Post, Omalur Taluk, Salem District to the petitioner by disposing the written representation made by the petitioner on 28.02.2023. For Petitioner :

Mr.C.Prakasam For Respondents :

Mr.E.Veda Bagath Singh Special Government Pleader

O R D E R

This Writ Petition has been filed for a direction to the respondents 1 and 2 to issue Residential Certificate for the house site situated in Old No.49/5, New S.No.100 in House Site No.5, Kullappa Naickenpatti Village, Mettupatti Post, Omalur Taluk, Salem District to the petitioner by disposing the written representation made by her on 28.02.2023.

2. The case of the petitioner is that the petitioner's father-in-law had constructed a house in Old No.49/5, New S.No.100 in House Site No.5, Kullappa Naickenpatti Village, Mettupatti Post, Omalur Taluk, Salem

District and the petitioner is residing in the said address, for which, she made a request to issue patta for the above said land. But the respondents insisted the petitioner to produce the Residential Certificate and hence, the petitioner has made a representation to the respondents 1 and 2 on 28.02.2023. Since the same has not been considered, the present Writ Petition has been filed.

3. Though very many grounds have been raised in the present Writ Petition, it would suffice, if this Court may issues a direction to the second respondent to consider the petitioner's representation dated 28.02.2023 and pass appropriate orders, within a time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents has no serious objection for such an order being passed by this Court.

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

6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the second respondent to consider the petitioner's representation dated 28.02.2023 and pass appropriate orders, on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order.

7. With the above directions, this Writ Petition is disposed of. No costs.

01.06.2023 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji

To

1. The District Collector, Salem District, Salem.

2. The Tahsildar, Omalur Taluk, Omalur, Salem District.

3. The Village Administrative Officer, Kottamettupatti Village, Omalur Taluk, Salem District.

M.DHANDAPANI,J.

vji 01.06.2023