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Madras High CourtWP/16769/2025disposed of

D. Prema Aged About 80 Years v. The District Collector

2025-06-02Honourable Mrs Justice N. Mala7 pages

IN THE HIGH COURT AT JUDICATURE AT MADRAS

DATED: 02.06.2025

CORAM

THE HON'BLE MRS.JUSTICE N.MALA D. Prema

...Petitioner

Vs.

1. The District Collector, Collectorate Mayiladuthurai District, Mayiladuthurai.

2. The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

3. The District Revenue Officer, The Revenue Divisional Office, Mayiladuthurai.

4. The Revenue Divisional Officer/ Tribunal Authority under Welfare of Senior Citizen Act, The Revenue Divisional Office,Mayiladuthurai

5. The Inspector of Police, Kuthalam Police Station, Nagapatinam District Now Mayiladuthurai District

...Respondents

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Writ petition is filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the 4 th respondent to expeditiously retrieve the petitioner's property based on the 3 rd respondent proceedings bearing No.O.Mu.1307/2025 dated 05.02.2025 thereby consider that representation dated 27.01.2025 within the stipulated time period fixed by this Court and pass orders.

For Petitioner : Mr.S. Senthil Kumar For Respondents 1 to 4 : Mr.R.Murthi, Government Advocate For Respondent 5 : Mr.J. Subbiah Government Advocate

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

2.Mr.R.Murthi, Government Advocate takes notice for the Respondents 1 to 4, Mr.J. Subbiah, Government Advocate, Special Government Pleader takes notice for the 5 th Respondent.

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3. Writ petition is filed for a writ of Mandamus, directing the 4 th respondent to expeditiously retrieve the petitioner's property based on the 3 rd respondent proceedings bearing No.O.Mu.1307/2025 dated 05.02.2025, thereby consider the representation dated 27.01.2025 within the time frame fixed by this Court.

4. The petitioner is a senior citizen. Her husband Duraisamy purchased property in S.No.150/3 in Moovalur Village, Mayiladuthurai Taluk. The petitioner's husband expired on 27.11.1996, leaving behind the petitioner as his sole legal heir. After her husband's demise patta and other revenue records stood transferred in the petitioner's name. Whileso, the petitioner's husband's nephew, Nandhakumar, tried to alienate the petitioner's property. Therefore, the petitioner submitted several representations to the first respondent to retrieve her property from the said Nandhakumar. The representations were forwarded to the third respondent by the first respondent. The second respondent also vide 3/7

proceedings dated 05.02.2025, directed the third respondent to take action on the petitioner's representation. Despite the direction of the second respondent, the third respondent did not take any fruitful action. Hence, the petitioner was constrained to file the above writ petition for the above said relief.

5. The learned Government Advocate appearing for the third respondent submitted that reasonable time may be granted to conduct an enquiry and pass appropriate orders on the petitioners representation dated 27.01.2025. 6.I have heard both the learned counsels and perused the materials placed on record.

7. In the light of the submissions of the learned counsel for the respondents, a direction is issued to the third respondent to consider and pass final orders on petitioner's representation dated 27.01.2025 on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

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8. Accordingly, this writ petition is disposed of. However, there shall be no order as to costs.

02.06.2025 Index:Yes/No Speaking order:Yes/No 5/7

To.

1. The District Collector, Collectorate Mayiladuthurai District, Mayiladuthurai.

2. The Superintendent of Police, Mayiladuthurai District, Mayiladuthurai.

3. The District Revenue Officer, The Revenue Divisional Office, Mayiladuthurai.

4. The Revenue Divisional Officer/ Tribunal Authority under Welfare of Senior Citizen Act, The Revenue Divisional Office,Mayiladuthurai

5. The Inspector of Police, Kuthalam Police Station, Nagapatinam District Now Mayiladuthurai District 6/7

N.MALA,J.

smn 02.06.2025 7/7