M.Rajesh v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.08.2025

CORAM:

THE HONOURABLE MRS. JUSTICE N.MALA M. Rajesh ... Petitioner Vs

1. The District Collector Krishnagiri District, Krishnagiri.

2. The Commissioner Hosur Taluk, Krishnagiri District.

3. The Tahsildar, Hosur Taluk, Krishnagiri District.

4. Indhirani

5. Vijayalakshmi ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents 1 to 3 particularly the respondents 2 and 3 to take necessary action for close 1/7

or seal the shops without running any license at Door No.14, 77, F11, F12, F13, Anna Nagar, Hosur Town & Taluk, Krishnagiri district, Ward No.14, comprised in Natham S.No.16, on the basis of the petitioner's representation dated 22.07.2025.

For Petitioner : Mr.R.Thanjan For Respondents : Dr.T.Seenivasan Special Government Pleader for R2 Mrs.C.Meera Arumugam Additional Government Pleader for R1 & R3

O R D E R

This writ petition has been filed for a writ of mandamus directing the respondents 1 to 3 particularly, the respondents 2 and 3 to take necessary action for closure or sealing of the shops operating without any license at Door No.14, 77, F11, F12, F13, Anna Nagar, Hosur Town & Taluk, Krishnagiri district, Ward No.14, comprised in Natham S.No.16, on the basis of the petitioner's representation dated 22.07.2025. 2/7

2. With the consent of both side counsels the main writ petition is taken up for disposal. Since no adverse order is passed against the 4th & 5th respondents, notice to the 4th & 5th respondents is dispensed with.

3. In view of the limited relief sought for by the counsel for the petitioner, this Court deems it sufficient to set out only the essential facts, without entering into a detailed narration.

4. The petitioner's father, Muthu @ Muthappa purchased vacant lands at Door Nos.77, F-11 to 77 F-15, Anna Nagar, Hosur Town & Taluk, Krishnagiri district, Ward No.14, comprised in Natham S.No.16, to an extent of 1600 sq.ft., He subsequently constructed a building comprising a house and 3 shops in the ground floor and 26 rooms in the 1st & 2nd floors. The petitioner's father died intestate on 30.07.1998, leaving behind his wife, two daughters and the petitioner as his legal heirs. Since the petitioner was denied his lawful share in the subject property, he filed a suit in O.S.No.139/2015, on the file of the Subordinate Judge, Hosur for partition and other reliefs. During the 3/7

pendency of the above suit, the petitioner's mother Smt.Santhamma @ Premavati, also died on 08.05.2021, leaving behind the 4th and 5th respondents and the petitioner as her legal heirs.

5. After the demise of the petitioner's mother, the differences and disputes between the siblings further escalated, resulting in additional litigations. Suffice it to state that the petitioner, being aggrieved by the fact that his sisters have rented out the shops without the lessees obtaining proper licenses submitted several representations to the official respondents for closure and sealing of the shops. However, no fruitful action was taken, hence, the petitioner submitted further representation to the respondents 1 to 3 on 22.07.2025, and even thereafter no action was taken. Hence the petitioner left with no other remedy filed the above writ petition for the aforesaid relief.

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

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7. Taking into consideration the facts and circumstances of the case and the limited relief sought for by the learned counsel for the petitioner, this Court is of the view that it would suffice if a direction is issued to the third respondent to consider the petitioner's representation. Accordingly, this Court directs the third respondent, to consider the petitioner's representation dated 22.07.2025, afford an opportunity of personal hearing both to the petitioner and as well as to the 4th & 5th respondents and thereafter pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

8. With the above direction, the writ petition is disposed of. No costs.

14.08.2025 dpq Index: Yes/No Speaking order / Non speaking order 5/7

To

1. The District Collector Krishnagiri District, Krishnagiri.

2. The Commissioner Hosur Taluk, Krishnagiri District.

3. The Tahsildar, Hosur Taluk, Krishnagiri District.

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N. MALA, J.

dpq 14.08.2025 7/7