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Madras High CourtWP/26038/2024allowed

P.Soundram v. The District Collector

2024-09-09Honourable Mr Justice S. Sounthar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.26038 of 2024 Mrs.P.Soundram

...Petitioner

Vs.

1. The District Collector, Salem District, Salem - 636 001.

2. The District Revenue Officer, District Collectorate, Salem District - 636 001.

3. The Revenue Divisional Officer, Attur sub Division, Salem District - 636 001.

4. The Tahsildar, Thalaivasal Taluk, Salem District - 636 112.

5. Mrs.K.Periyakkal 6.Mr.Supramani

7. Mrs. S.Laksmi

8. Mr.Kovindaraj

9. Mrs.S.P.Nishanthini

10. Mrs.Elakkiya Priya

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the third respondent to pass orders 1/5

on the petitioner representation dated 19.02.2024 and pass such further or other orders as this Court deems fit and proper in the circumstances of the case.

For Petitioner : Mr.T.Velu For R1 to R4 : Mr.P.Sathish Additional Government Pleader

O R D E R

The petitioner herein seeks a direction to the respondents to consider his representation dated 19.02.2024 and pass orders.

2. According to the petitioner, the property situated in Survey Nos.159/12, 160/4, 5,6,7,8,10,12A at Sathasivapuram village, Thalaivasal taluk, Salem District, are his joint family properties, which were erroneously transfered in the name of sixth respondent, based on the will executed by her father which was not valid. Therefore the petitioner submitted a representation dated 19.02.2024, seeking cancellation of patta issued in the name of respondents 5 to 10 and restoration of patta in the name of all the legal heirs of deceased M.Komaravel, father of the petitioner. The said representation has not been considered till date. Aggrieved by the same, the petitioner is before this Court.

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3. The learned Additional Government Pleader appearing for the respondents 1 to 4 submitted that the representation of the petitioner would be considered on its own merits in this regard.

4. In view of the same, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the third respondent to consider the representation of the petitioner dated 19.02.2024 and pass final orders, after issuing notice to the respondents 5 to 10 and all interested parties, within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

09.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av 3/5

To

1. The District Collector, Salem District, Salem - 636 001.

2. The District Revenue Officer, District Collectorate, Salem District - 636 001.

3. The Revenue Divisional Officer, Attur sub Division, Salem District - 636 001.

4. The Tahsildar, Thalaivasal Taluk, Salem District - 636 112.

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S. SOUNTHAR, J.

av W.P No.26038 of 2024 09.09.2024 5/5