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Madras High CourtWP/3735/2016disposed of

Tmt. V.Lakshmi, v. The District Collector,

2016-02-03Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.02.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH W.P.No.3735 of 2016 V.Lakshmi .. Petitioner Vs.

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Chengalpattu Taluk, Kancheepuram District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India raying for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 19.12.2015 in accordance with law.

For Petitioner : Mr.R.Srinivasa Rao For respondents : Mrs.P.Rajalakshmi Government Advocate.

O R D E R

With the consent of both sides, the Writ Petition is taken up for final disposal.

2. This Writ Petition has been filed to direct the respondents to consider the representation of the petitioner dated 19.12.2015 in accordance with law.

3. The petitioner is residing at Theradi Mettu Street, Nandhivaram, Guduvancherry, chengalpet Taluk, for the past 18 years. The said property is a Natham Survey No.261/1, A2 and in the same survey number other occupants had put up house and are residing there. They are having electricity connection, ration cards and I.D. Due to continuous cyclonic rain from 1st December, 2015 onwards, the petitioner's house have been effected. Now, the Tahsildar/2nd respondent herein in order to vacate the petitioner from their lands, has made " Land mark". https://hcservices.ecourts.gov.in/hcservices/

In fact the 2nd respondent has insisted the petitioner and other occupants to vacate the lands. Hence the petitioner has made a representation on 19.12.2015 to the 1st respondent and a copy of which has been forwarded to the 2nd respondent. Since the said representation was not considered, the present Writ Petition has been filed.

4.Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents and perused the materials available on record.

5.Considering the facts and circumstances of the case, this Court directs the petitioner to submit a fresh representation to the 1st respondent along with a copy of this Order within a period of one week from the date of receipt of copy of this order and on receipt of such representation along with a copy of this Order, the 1st respondent shall pass appropriate orders within a period of four weeks thereafter.

6. However, it is made clear that this Court has not expressed any opinion to the merits of the claim made by the petitioner and it is for the 1st respondent to pass orders after affording opportunity of personal hearing to the petitioner as well as to other aggrieved parties.

The Writ Petition is disposed of accordingly. No costs. s/d- Assistant Registrar(CS-III) True Copy Sub-Assistant Registrar To

1. The District Collector, Kancheepuram District, Kancheepuram.

2. The Tahsildar, Chengalpattu Taluk, Kancheepuram District.

+ 1 cc to Govt. Pleader SR 7230 kji(co) prk17/2 W.P.No.3735 of 2016.

https://hcservices.ecourts.gov.in/hcservices/