R.Meenakumari v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN and W.M.P.No.35151 of 2023 R.Meenakumari ... Petitioner Vs.

1. The District Collector, Rajaji Salai, 4th Floor, 62, Beach Road, George Town, Chennai - 600 001.

2. The Tahsildar, Perambur Flyover, Bunder Garden, Perambur, Chennai - 600 011.

3. Ragukumar.M.V

4. Anand Kumar M.V

5. Balaji M.V

6. M.V.Ravikumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of

India, to issue a Writ of Mandamus to direct the first respondent to conduct enquiry or cancel the patta dated 04.01.2023 issued by the 2nd respondent based on the representations given on 20.07.2023 to 1st and 2nd respondent.

For Petitioner : Mr.B.Manikandan For R1 & R2 : Mr.R.Vigneshwaran Government Advocate For R3 to R6 : Mr.A.C.Chandrasekar

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the first respondent to conduct enquiry or to cancel the patta dated 04.01.2023 issued by the second respondent based on the representation dated 20.07.2023.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the official respondents.

3. Though Mr.A.C.Chandrasekar, learned counsel filed vakalat for the private respondents/R3 to R6, no counter has been filed on behalf of the private respondents. Official respondents have filed the counter stating that the petitioner suppressed the material fact that the petitioner's grandfather Govindasamy has two sons including the writ petitioner's father and 3 daughters, whereas, the petitioner has deposed that her father is the only legal heir to her grandfather Govindassamy and obtained legal heir certificate.

4. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the first respondent to consider the petitioner's representation dated 20.07.2023 after issuing notice and giving opportunity of hearing to the petitioner, private respondents/R3 to R6 herein and interested parties/rival claimants/objectors if any, as the case may be and conduct enquiry and pass appropriate orders on merits and in accordance with law. The said exercise shall be completed within a period of six months from the date of receipt of a copy of this order.

5. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

29.01.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Rajaji Salai, 4th Floor, 62, Beach Road, George Town, Chennai - 600 001.

2. The Tahsildar, Perambur Flyover, Bunder Garden, Perambur, Chennai - 600 011.

P.VELMURUGAN, J.

mfa and W.M.P.No.35151 of 2023 29.01.2024