Madras High CourtWP/18836/2016disposed of

R.Gayathri v. The Collector

2016-06-06Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 06.06.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.18836/2016 R.Gayathri ... Petitioner

Versus

1.The Collector Coimbatore District, Coimbatore.

2.The Tahsildar Perur, Coimbatore District.

3.Tmt.Padmavathi .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, to direct the respondents 1 and 2 to dispose of the representation of the petitioner dated 25.01.2016. For Petitioner : Mr.V.Elangovan For RR 1 & 2 : Mr.R.Govindasamy, Spl.GP

O R D E R

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

The petitioner would claim that her father had served in Indian Army and after his retirement, was originally allotted a house site admeasuring to an extent of 2250 sq.ft. at NSR Road, Sai Baba Colony, Coimbatore District and thereafter, her father had put up a construction and he along with his family members were residing there. The father of the petitioner died on 17.03.1998 and so also her mother on 20.02.1989. Thereafter, the petitioner claims that she along with his brothers were in possession and enjoyment of the said property. However, the husband of the 3rd respondent, by resorting to illegal methods, had trespassed upon the suit property and when the petitioner verified the relevant records, it is found that he has no title whatsoever, in respect of the said property and in this regard, the petitioner has submitted a representation to the 1st respondent on 25.01.2016 for taking appropriate action to remove the husband of the 3rd respondent from unauthorised occupation and since the petitioner is not favoured with any response, she has filed the present writ petition.

https://hcservices.ecourts.gov.in/hcservices/

Heard the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents 1 and 2. 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 1st respondent to consider and dispose of the petitioner's representation dated 25.01.2016 on merits and in accordance with law, by conducting an enquiry through the 2nd respondent and also putting the 3rd respondent on notice and thereafter, pass orders 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 3rd respondent herein. The writ petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar(VI) //True Copy// Sub Assistant Registrar AP To The Collector Coimbatore District, Coimbatore.

The Tahsildar Perur, Coimbatore District.

+1cc to Mr. S. Doraisamy, Advocate, S.R.No.30076 +1cc to the Government Pleader, S.R.No.30148 GJ-II(CO) EU(14/06/2016) W.P.No.18836/2016 https://hcservices.ecourts.gov.in/hcservices/