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Madras High CourtWP/38712/2015disposed of

D.Govindarajan M/A 45 Yrs v. The State Rep. By

2015-12-09Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.12.2015

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.38712 of 2015 D.Govindarajan [ Petitioner ] Vs 1 The State Rep. by The District Collector Krishnagiri District 2 The Deputy Director Department of Geology & Mining Collectorate, Krishnagiri [ Respondents] Petition filed under Article 226 of the Constitution of India to issue a Writ of mandamus directing the respondents to dispose of the petitioner's representation dated 17.08.2015 in accordance with law and on merits within a stipulated period of time to be fixed by this Court and consequently to direct the respondents to transfer the Quarry lease for the land in S.No. 335/4A1 to an extent of 1.20.0 hectares situated in Sulamalai Village of Krishnagiri District in petitioner favour. For Petitioner : Mr.J.Thomas For Respondents : Mr.T.N.Rajagopalan, SGP

O R D E R

Heard the learned counsel for the petitioner and the learned Special Government Pleader, who took notice for the respondents and with their consent, the main writ petition itself is taken up for disposal.

2. The petitioner has come forward with this writ petition praying for the issue of a writ of mandamus to direct the respondents to dispose of his representation dated 17.08.2015 in accordance with law and on merits within a stipulated period of time to be fixed by this Court and consequently to direct the https://hcservices.ecourts.gov.in/hcservices/

respondents to transfer the Quarry lease for the land in S.No. 335/4A1 to an extent of 1.20.0 hectares situated in Sulamalai Village of Krishnagiri District in his favour.

3. According to learned counsel for the petitioner, it is the specific case of the petitioner that originally lease was granted in favour of his mother, who executed a registered Will on 13.03.2015 bequeathing the said land in his favour and on 10.07.2015, she passed away and based on the said Will, the petitioner made a representation on 17.08.2015 for transfer of quarry lease in favour of him. Since no order has been passed till date, the petitioner is before this Court with the above said prayer.

4. The learned counsel for the petitioner would further submit that though the prayer sought for in this writ petition is larger in nature, it would suffice if a direction is given to the respondents to dispose of the petitioner's representation dated 17.08.2015 within a stipulated time.

3. In view of the above, without going into the merits of the matter, this Court is inclined to direct the respondents to dispose of the petitioner's representation dated 17.08.2015 on merits and in accordance with law, within a period of three weeks from the date of receipt of a copy of this order, after affording due opportunity to the petitioner as well as to any of the interested parties.

The writ petition is disposed of accordingly. No costs. Sd/- Assistant Registrar(CS-VII) //True Copy// Sub Assistant Registrar rg To 1 The District Collector Krishnagiri District 2 The Deputy Director Department of Geology & Mining Collectorate, Krishnagiri +1 cc to The Government Pleader, sr.66629 W.P.No.38712 of 2015 pur co kra 18.12.2015 https://hcservices.ecourts.gov.in/hcservices/