Mrs.Vanaja v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.15768 of 2021 Mrs.Vanaja, W/o. Mr.Santosh ... Petitioner Vs.

1. The District Collector, Tiruvallur District.

2. The Revenue Divisional Officer, Ambattur, Chennai.

3. The Tahsildar, Maduravoyal, Tiruvallur Dt.

4. V.S.Boopalan S/o. V.Sundaram ... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent herein to consider the petitioner's representation dated 27.01.2020 and pass order on the petitioner's representation in accordance with law within a time frame fixed by this Hon'ble Court.

For Petitioner : Mr.P.Dinesh Kumar For Respondents : Mr.Yogesh Kannadasan, Government Advocate for R1 to R3

O R D E R

(The case has been heard through video conference) The Writ Petition has been filed seeking a direction directing the 2nd respondent to consider the petitioner's representation dated 27.01.2020 and pass orders within a time frame fixed by this court.

2. In view of the order is going to be passed in the present Writ Petition, which will not prejudice the interest of the 4th respondent, notice to the 4th respondent is dispensed with.

3. The grievance of the petitioner is that, against the order passed by the 3rd respondent Tahsildar in favour of daughter of 4th respondent, the petitioner has filed an appeal before the 2nd respondent Revenue Divisional Officer on 27.01.2020. But, so far, her appeal was not disposed of and no order has been passed on it. Hence, the present writ petition has been filed by the petitioner.

4. Mr. P.Dinesh Kumar, learned counsel appearing for petitioner would submit that, based on the bogus legal heirship certificate, the 4th respondent claiming right over the property and executed a settlement deed in favour of her daughter. Based on that, a patta was also granted in her name by the 3rd respondent. Hence, against the order of 3rd respondent Tahsildar, the petitioner has filed an appeal before the 2nd respondent and the appeal is still pending. Hence, the 2nd respondent may be directed to issue patta within a time frame to be fixed by this court.

5. Considering the limited prayer sought in the Writ Petition, without going into the merits of the case, the 2nd respondent Revenue Divisional Officer is directed to consider the petitioner's appeal and to pass suitable orders on merits in accordance with law after hearing the petitioner as well as 4th respondent within a period of twelve weeks from the date of receipt of a copy of this order. Accordingly, this Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar rpp To

1. The District Collector, Tiruvallur District.

2. The Revenue Divisional Officer, Ambattur, Chennai.

3. The Tahsildar, Maduravoyal, Tiruvallur Dt.

+1cc to Mr.P.Dinesh Kumar, Advocate, S.R.No.37437 +1cc to the Government Pleader, S.R.No.37362 W.P.No.15768 of 2021 PL(CO) SB(23/08/2021)