M.Nagalakshmi v. The Assistant Director

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025 CORAM :

THE HONOURABLE MRS.JUSTICE N.MALA Writ Petition No .21053 of 2025 M.Nagalakshmi ... Petitioner Vs.

The Assistant Director, District Town and Country Planning Office, D-Block, 4 th Floor, New Collectorate Complex, Vedhanarayanapuram, Chengalpattu-603111 ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus, directing the respondent to consider the representation submitted by the petitioner dated 07.05.2025 and initiate action in accordance with law, within a time fame as fixed by this Court.

For Petitioner : M/s.Nithyashree Rajagopal For Respondent : Mr V.Manoharan, AGP Page No.1 of 6

O R D E R

This writ petition has been filed to direct the respondent to consider the representation submitted by the petitioner dated 07.05.2025, and initiate action in accordance with law, within a time fame as fixed by this Court.

2. Mr V.Manoharan, learned Additional Government Pleader takes notice for the respondent.

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

4. The petitioner states that she is entitled for 1/4th of the share in the property situated at S.No.4/1 L and 4/1 M (Old S.No.4/1C), Navallur Village, Thiruporur Taluk, Chengalpattu District to an extent of 0.21 cents. The subject property devolved upon the petitioner's father and as he died intestate, the petitioner was entitled to 1/4th share in the subject property. While so, when the petitioner verified the revenue records in respect of the subject property, she was shocked and surprised to find that the subject Page No.2 of 6

property ad measuring an extent of 0.21 acres, in which the petitioner is entitled to 1/4th share, stood in the name of one A.H.Abu Backer, represented by his power agent Ayishathu Jalani, the same was sold by her brother D.Krishnamoorthy. Thereafter, the petitioner lodged a complaint before the CCB, Tambaram Police and after conducing due investigation, an FIR was registered in Crime No.325/2022 dated 02.11.2022 against the petitioner's brother and his wife Vimala and charge sheet was filed before the Judicial Magistrate-II, Chengalpattu in C.C.No.509 of 2024 and the same is pending. While things stood thus, the said Ayishuth Jailani executed a settlement deed dated 12.12.2024, settling 4 properties in favour of her son A.H.Abu Backer, of which, the subject property is one, and registered it as Document No.26531 of 2024, on the file of the SRO, Thiruporur.

5. In the meanwhile, the said Abu Backar submitted a proposal for layout approval to the Town and Country Planning Department, and subsequently executed a gift deed on 02.04.2025, in favour of the Panchayat President, Navalur Village, Thiruporur Panchayat Union, Chengalpattu Page No.3 of 6

District, gifting a portion of land for road, park and public purposes in accordance with the proposed layout.

6. According to the petitioner, the entire layout plan and the total extent of land transferred by way of the said gift deed dated 02.04.2025, encompasses the subject property. The petitioner therefore submitted a representation dated 07.05.2025, to the respondent requesting not to approve the application submitted by the said A.H.Abu Backer, for sanction of the proposed layout plan as it included the subject property, but the same was not considered by the respondent. Aggrieved by the inaction of the respondent, the petitioner has filed the aforesaid writ petition.

7. Though several issues are raised in the writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court issues a direction to the respondent, to consider the petitioner's representation dated 07.05.2025, on merits and in accordance with law, within a time frame to be fixed by this Court.

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8. Heard the learned counsel on either side and perused the materials available on record.

9. Considering the limited relief sought for by the learned counsel for the petitioner, this Court without going into the merits of the case, directs the respondent to consider the petitioner's representation dated 07.05.2025, by affording reasonable opportunity of hearing to the petitioner and pass appropriate orders on merits and in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order.

10. With the aforesaid direction, this writ petition is disposed of. No costs.

13.06.2025 msv Index :

Yes/No Speaking Order :

Yes/No :

Yes/No To:

The Assistant Director, District Town and Country Planning Office, D-Block, 4 th Floor,New Collectorate Complex, Vedhanarayanapuram,Chengalpattu-603111 Page No.5 of 6

N.MALA, J.

msv 13.06.2025 Page No.6 of 6