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Madras High CourtWP/15621/2023dismissed

Renuka Devi v. The District Collector

2024-06-18Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.06.2024

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.15621 of 2023 and W.M.P. Nos.15115, 15117 & 15119 of 2023 1.Mrs.Renuka Devi 2.Mr.Sakthivel 3.Mrs.G.Sandhiya ... Petitioners Vs 1.The District Collector Thiruvallur District Thiruvallur 2.The Revenue Divisional Officer Ambattur Division 3.The District Registrar Registration District Chennai - North 4.The Director Town and Country Planning Authority Panagal Building Saidapet, Chennai Page 1/6

5.The Executive Engineer Greater Chennai Corporation Zone VII, Ambattur Division 6.The Tahsildar Ambattur Taluk Office Ambattur Chennai - 600 053 7.The Sub Registrar Konnur Sub Registration office Ambattur Chennai - 600 053 8.DCB Bank Limited No.6, Rajaji Road Opposite Tennis Stadium Nungambakkam Chennai - 600 034 9.Radhakrishnan 10.Ranjith 11.Ruksana Begum ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 6 to consider petitioner's representation dated 06.05.2023 by fixing a time period in accordance with law.

For Petitioner : Mr.C.Umashankar Page 2/6

For Respondents : Mr.U.Baranidharan, AGP for R1, 2, 4 and 6 Mr.B.Vijay AGP for R3 & R7 Mr.R.Palanikumar Ramesh for R8 No Appearance for R5, R10 and R11

O R D E R

This writ petition has been filed seeking a direction to the respondents 1 to 6 to consider petitioner's representation dated 06.05.2023 by fixing a time period in accordance with law.

2. The grievance of the petitioner is that he has appointed one Mr.Radhakrishnan as his power agent for construction of house in his undivided area. Though the said Radhakrishnan constructed six flats in the first and second floor and one flat has been allotted to the petitioner and also registered in his favour. Thereafter, when he was in possession of the property, one DCB Bank has proceeded to take possession of the property of the petitioner. Thereafter only the petitioner came to know that the said Page 3/6

Radhakrishnan had created fraudulent documents. Hence his representation has to be considered.

3. The very allegations in the representation itself indicate that now the remedy of the petitioner is not before this court. If at all the petitioner alleges any fraudulent transaction, such transaction has to be avoided in the manner known to law, that too within the period of limitation. Just making allegations without any proof, the writ petition cannot be maintained. Accordingly the writ petition deserves to be dismissed.

4. In the result, the writ petition is dismissed. However, there is no order as to costs. Consequently, the connected writ miscellaneous petitions are closed. 18.06.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No Asr To Page 4/6

1.The District Collector Thiruvallur District Thiruvallur 2.The Revenue Divisional Officer Ambattur Division 3.The District Registrar Registration District Chennai - North 4.The Director Town and Country Planning Authority Panagal Building Saidapet, Chennai 5.The Executive Engineer Greater Chennai Corporation Zone VII, Ambattur Division 6.The Tahsildar Ambattur Taluk Office Ambattur Chennai - 600 053 7.The Sub Registrar Konnur Sub Registration office Ambattur Chennai - 600 053 8.The Government Pleader High Court, Madras N.SATHISH KUMAR , J.

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Asr W.P.No.15621 of 2023 and W.M.P. Nos.15115, 15117 & 15119 of 2023 18.06.2024 Page 6/6