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Madras High CourtWP/16042/2021disposed of

Sakunthalamani v. The District Collector

2021-08-03Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P.NO.16042/2021 & W.M.P.NO.16953/2021 [Video Conferencing]

1. Sakunthalamani

2. Kaleeshwari ... Petitioners

Versus

1. The District Collector Tiruppur District, Tiruppur.

2. The Tahsildar Udumalpet, Tiruppur District.

3. Rajeshkumar

4. Ramesh

5. Sivagami

6. Selvanayagi

7. Myilsamy ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus forbearing the respondents 1 and 2 to change or alter the petitioner's patta No.776 issued for subject matter house property comprised site No.8, Block No.321/A1A1A4 in Old Natham No.321/5 and new SF.No.673/6, Anikkadavu Village, Udumalpet Taluk, Tiruppur District in favour of the respondents 3 to 7 without following due process of law by considering the petitioner's representation dated 10.07.2021.

For Petitioners :

Mr.D.R.Arun Kumar For R1 & R2 :

Mr.Yogesh Kannadasan Government Advocate

ORDER

1. Mr.Yogesh Kannadasan, learned Government Advocate accepts notice on behalf of respondents 1 and 2.

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2. The writ petition had been filed in the nature of a mandamus seeking primarily to examine the representation given by the petitioners herein dated 10.07.2021. There appears to have been complications with respect to the holding of the lands in the petitioners' names and such complications have been created by respondents 3 to 7. It is under these circumstances, that the petitioners have been forced to approach this Court.

3. The issue relates to Patta No.776 with respect to the house property in site No.8, Block No.321/A1A1A4 in Old Natham S.No.321/5, New S.F.No.673/6 in Anikkadavu Village, Udumalpet Taluk, Tiruppur District.

4. Let the respondents, particularly, the 2nd respondent/ Tahsildar, Udumalpet Taluk, examine the representation, issue notice to the writ petitioners and also to respondents 3 to 7 and thereafter invite any objections and also hear the writ petitioners and pass a considered order on the representation within a period of twelve weeks from the date of receipt of a copy of this order. Since an obligation has been placed on the Tahsildar, Udumalpet Taluk, to issue notice to respondents 3 to 7, who are contesting the claim of the petitioners, notice in this writ petition is dispensed with to the said respondents.

5. The writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar AP To

1. The District Collector Tiruppur District, Tiruppur.

2. The Tahsildar Udumalpet, Tiruppur District.

+1cc to Mr.D.R.Arun Kumar, Advocate, S.R.No.37646 +1cc to the Government Pleader, S.R.No.38491 W.P.NO.16042/2021 PCH(CO) PBS/25/08/2021 https://hcservices.ecourts.gov.in/hcservices/