M.Samyuktha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI M.Samyuktha ... Petitioner Vs.

1.The District Collector, Tiruppur, Tiruppur District.

2.The District Revenue Officer, Tiruppur, Tiruppur District.

3.The Revenue Divisional Officer, Tharapuram, Tiruppur, Tiruppur District.

4.The Tahsildar, Kangeyam, Tiruppur, Tiruppur District.

5.S.Gunasekaran 6.Minor G.Rishwanth Rep. by its Natural Guardian S.Gunasekaran ... Respondents Page No.1 of 6

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the respondents 3 and 4 to dispose the petitioner's appeal dated 28.02.2023 on the file of 3rd respondent.

For Petitioner : Mr.K.Prabhakaran For Respondents : Mr.R.Neelakandan Additional Advocate General Assisted by Mr.U.Baranidharan Additional Government Pleader [R1 to R4] *****

ORDER

This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the respondents 3 and 4 to dispose the petitioner's appeal dated 28.02.2023 on the file of 3rd respondent.

2. Mr.U.Baranidharan, learned Additional Government Pleader, accepts notice on behalf of the respondents 1 to 4. In view of the consent expressed by the learned counsel for the parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. Since no adverse order has been passed against the respondents 5 and 6, notice to the respondents 5 and 6 is dispensed with. Page No.2 of 6

4. The case of the petitioner is that, her mother namely Banusrikarthika married one Manikandan on 31.08.2000 and out of the said wedlock, the petitioner was born to them on 01.10.2001. Due to difference of opinion, her father obtained a decree of Ex-parte Divorce before Chidambaram Subordinate Court in H.M.O.P.No.21 of 2006 dated 24.08.2006. Thereafter, the marriage between the 5th respondent, who is the 2nd husband of the petitioner's mother and the petitioner's mother was held on 07.02.2014. Whileso, on 13.05.2002, the petitioner's mother committed suicide and thereafter, the 5th respondent obtained a legal heir certificate from the 4th respondent on 23.08.2022 that the petitioner and the respondents 5 and 6 as legal heir of the deceased mother of the petitioner. Aggrieved by the same, the petitioner had filed an appeal before the respondents 3 and 4 on 28.02.2023. However, till date, the said appeal was not disposed. Hence, the petitioner has filed the present writ petition.

5. Though very many grounds have been raised in this writ petition, however, learned counsel for the petitioner submitted, it would suffice, if this court, issues a direction to the respondents 3 and 4 to Page No.3 of 6

dispose of the petitioner's appeal dated 28.02.2023 on the file of 3rd respondent, within a time frame that may be stipulated by this court.

6. Learned Additional Government Pleader appearing for the respondents 1 to 4 has no objection for the said order being passed.

7. Considering the limited request sought for by the learned counsel for the petitioner, this court, without going into the merits of the case, directs the respondents 3 and 4 to dispose the appeal filed by the petitioner dated 28.02.2023, within a period of four (4) weeks from the date of receipt of a copy of this order.

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

30.09.2024 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6

To 1.The District Collector, Tiruppur, Tiruppur District.

2.The District Revenue Officer, Tiruppur, Tiruppur District.

3.The Revenue Divisional Officer, Tharapuram, Tiruppur, Tiruppur District.

4.The Tahsildar, Kangeyam, Tiruppur, Tiruppur District.

Page No.5 of 6

M.DHANDAPANI, J.

sp 30.09.2024 Page No.6 of 6