Mrs.M.Shyamala Murthy v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2016

CORAM:

THE HON 'BLE MR.JUSTICE M.SATHYANARAYANAN Writ Petition No.21562 of 2016 Mrs. M.Shyamala Murthy ... Petitioner

Versus

1. The Sub Collector, Office of the Sub Collector, Hosur, Krishnagiri District

2. R.Sindhu .. Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the first respondent to consider and pass orders on the petitioners' representation, dated 20.04.2016.

For Petitioner : Mr. J.Abrar Md.Abdullah For Respondents : Mr. K.Thanga Pandi, Govt. Advocate, for R-1 ----

O R D E R

By consent the writ petition is taken up for final disposal.

2. The petitioner claims that one Mr. Ravindra Reddy had sold the land, ad-measuring to an extent of 0.75 acres comprised in R.S.No.24, bearing Patta No.24, in Anumepalli Village, Zuzuvadi Village, Dharmapuri District, in favour of her husband, D.Moorthy, by virtue of a Registered Sale Deed, dated 06.03.1991 bearing Document No.1013 of 1991 on the file of the Office of the Sub Registrar, Hosur. Ever since the date of the purchase, her husband was in possession and enjoyment of the same and after his demise, the petitioner, along with this daughter, namely, Anuradha and sons, Naveen Kumar and Sridhar are in possession and enjoyment of the same, as his subsequent heirs.

3. The petitioner came to know that Mr.Ravindra Reddy had sold the entire extent of land, owned by him, fraudulently and illegally, by impersonating his name as V.S.Ravi and executed a Gift Settlement, bearing Document No.1101 of 2011, dated 31.01.2011, in favour of his daughter, R.Sindhu (second respondent herein) and in this regard, the petitioner has submitted a detailed representation to the first respondent, on 20.04.2016. Though it was received and acknowledged, no response is forthcoming and hence the petitioner came forward to file this writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. Heard the submissions of the learned counsel for the petitioner and the learned Government Advocate, who accepts notice on behalf of the first respondent.

5. Though the petitioner prayed for a larger relief, this Court, in the light of the facts and circumstances and without going into the merits of the case, directs the first respondent to consider the petitioner's representation, dated 20.04.2016, in accordance with law, after putting on notice the second respondent and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the second respondent.

6. The writ petition is disposed of accordingly. No costs. Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar To

1. The Sub Collector, Office of the Sub Collector, Hosur, Krishnagiri District.

+1 cc to Government Pleader,SR.35183.

ctk(co) krd 13/7 W.P.No.21562 of 2016 https://hcservices.ecourts.gov.in/hcservices/