Madras High CourtWP/25106/2016disposed of

R.Tamilselvi, W/O.S.Rajasekar, v. The District Collector,

2016-07-20Honourable Mr Justice M. Sathyanarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 20.07.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.25106 of 2016 and W.M.P.No.21498 of 2016 R.Tamilselvi ... Petitioner Vs.

1.The District Collector, Namakkal District, Namakkal - 637 003.

2.The District Revenue Officer, Collectorate, Namakkal District, Namakkal - 737 003.

3.The Revenue Divisional Officer, Paramathi Velur Road, Tiruchengode - 637 211, Namakkal District.

4.The Tahsildar, Tiruchengode Taluk, Tiruchengode - 637 211, Namakkal District.

5.The District Registrar, O/o.Registration, Nallipalayam Post Office, Namakkal - 637 003.

6.The Sub Registrar, O/o Registration, Theppakulam Street, Near Anna Statue, Tiruchengode - 637 211, Namakkal District.

... Respondents Writ Petition filed under Article 226 of the Constitution of India, for the issuance of Writ of mandamus directing the 3rd respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 19.06.2016 within a stipulated time as fixed by this Court.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.R.A.S.Senthilvel Additional Government Pleader *****

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner, on an earlier occasion, had approached this Court by filing W.P.No.18416 of 2016, against the official respondents praying for issuance of Writ of Mandamus, forbearing the 6th respondent herein from registering any documents produced by the 5th respondent therein viz., Raja insofar as the properties situated in S.Nos.51/2B, 46/1, 45/2A, 54/10, 50/2, Thokkavadi Village, Tiruchengode Taluk, Namakkal District admeasuring to the total extent of 22.32 acres of land otherwise producing the legal heir certificate of the petitioner's grandfather viz., Velappa Gounder and it was disposed of on 23.06.2016, directing the 4th respondent therein to consider and dispose of the petitioner's representation dated 27.04.2016 in accordance with law within a stipulated time frame.

Even prior to the disposal of the said writ petition, the petitioner has submitted a representation dated 19.06.2016, praying for recovery of her share of ancestral property and also for cancellation of all the registration took place in the year 2011 at the Sub Registrar Office, Tiruchengode and since it has not been given disposal, came forward to file this writ petition.

3. The learned counsel appearing for the petitioner would submit that the 3rd respondent has sent a communication dated 12.07.2016 to the 4th respondent to forward the records relating to the Patta Nos.196, 350, 347, 212 and 637, based on the petitioner's representation dated 19.06.2016 and therefore, appropriate orders may be passed, by directing the respondents 3 and 4 to pass appropriate orders within a stipulated time.

4. Heard the submission of Mr.R.A.S.Senthilvel, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

5. In the light of the communication of the 3rd respondent dated 12.07.2016 addressed to the 4th respondent, the 4th respondent is directed to forward the records as required within a period of six weeks from the date of receipt of a copy of this order and the 3rd respondent, on receipt of the same, is directed to consider the petitioner's representation dated 19.06.2016 in

accordance with law, after putting on notice the persons concerned and pass orders within a further period of three months thereafter and communicate the decision taken, to the petitioner as well as to the persons concerned.

6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vsm To 1.The District Collector, Namakkal District, Namakkal - 637 003.