Madras High CourtWP/14556/2020disposed of

Sakunthala v. The District Collector

2020-10-13Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.14556 of 2020 Sakunthala, W/o.Late. Ramalingam Naidu.

...

Petitioner ..Vs..

1.The District Collector, Kancheepuram, 2.The Revenue Divisional Officer, Madurantakam, 3.The Tahsildar, Cheyyar Taluk, 4.Suganthi, W/o.Dheenadayalan Reddy.

5.Krishnamoorthy, S/o.Kuppusamy Reddy.

...

Respondents This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 3rd respondent to conduct an enquiry on petitioner representation dated 15.05.2018 as per the direction given by the 1st respondent vide proceedings dated 25.05.2018 in Oo/Mu.10526/2018/No.4 and also as per the direction given by the 3rd respondent herein vide proceedings dated 04.06.2018 in Na.Ka.2778/2018/C and pass orders. For Petitioner :

Ms.D.Elavarasi For Respondents:

Mr.A.Aruldoss Government Advocate

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus directing the third respondent to conduct an

enquiry based on the representation made by the petitioner on 15.05.2018.

2.The case of the petitioner is that the subject property belongs to her late husband. He died on 16.10.1998. According to the petitioner after the demise of her husband, the fourth and fifth respondents have created forged and fabricated documents pertaining to the subject property and a joint Patta was also issued based on the said documents. The petitioner therefore, made a representation to the respondents on 15.05.2018 to conduct an enquiry and to remove the name of the fourth respondent from the revenue records. It is seen from records that the first and second respondents have already directed the third respondent to conduct an enquiry and pass orders. Since the same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.

3.Heard Ms.D.Elavarasi, learned counsel appearing on behalf of the petitioner and Mr.A.Aruldoss, learned Government Advocate, appearing on behalf of respondents 1 to 3. 4.Taking into consideration the facts and circumstances of the case and the limited relief that has been sought for in this writ petition, there shall be a direction to the third respondent to consider the representation made by the petitioner on 15.05.2018 and deal with the same strictly in accordance with law and pass final orders within a period of six weeks from the date of receipt of copy of this order. The third respondent shall afford sufficient opportunity to the petitioner as well as to the respondents 4 and 5 at the time of conducting enquiry, before passing final orders. The petitioner shall be present for the enquiry along with all relevant documents.

5.This writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rm To 1.The District Collector, Kancheepuram,

2.The Revenue Divisional Officer, Madurantakam, 3.The Tahsildar, Cheyyar Taluk, +1cc to Mr.D.Elayarani, Advocate SR.33905 +1cc to the Government Pleader SR.34109 W.P.No.14556 of 2020 AD(CO) CB(10/11/2020)