Vasantha v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE C.V. KARTHIKEYAN Mrs.Vasantha ... Petitioner Vs The Commissioner, Greater Chennai Corporation Ripon Building, Poonamallee Main road, Chennai 600 003.

.... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus to direct the respondents to consider and dispose of the representation dated 27.05.2024 made by the petitioner within time frame fixed by this Court. For Petitioner : Mr.N.Saravanan For Respondents : Mrs.Aswini Devi Standing Counsel 1/6

O R D E R

This writ petition has been filed for issuance of a writ of mandamus to direct the respondent to consider and dispose of the representation dated 27.05.2024 made by the petitioner within a time frame fixed by this Court.

2. The petitioner, a senior citizen has been residing at No.35/17, 1st street, East Main Road, Shenoy Nagar, Chennai 600 030 for several decades. She owned a property in her native place at Karaikudi. Her father in law, late P.Vadivel had purchased the property through a registered sale deed. The property is comprised in Survey No.65/7A, measuring an extent of 30 acres of land in Kalanivasal village, Snakarapuram Panchayat, Karaikudi district. The sale deed had been registered as Doc.No.144 of 1976 at Karaikudi Sub Registrar Office on 12.01.1976.

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3. After the death of her husband and father in law, her mother in law had approached the petitioner for partition. A suit was filed in O.S.No.7717 of 1994 before the City Civil Court, Chennai and a Memo of Compromise had been entered into relating to the partition of the properties.

4. It is stated that the petitioner had been in possession of the property. It is stated that the parent documents were unfortunately damaged and destroyed in Michaung storm. The Government of Tamil Nadu had organised a special camp at Chennai seeking representations from individuals who had lost their valuables including title documents in the said storm. The petitioner was unfortunately not able to attend the said meeting. The petitioner thereafter had given a representation. It is under those circumstances this writ petition has been filed seeking a mandamus to consider that representation.

5. The petitioner may give a fresh representation to the respondent about the loss of the said original document namely Doc.No.144 of 1976 3/6

registered at Karaikudi Sub Registrar Office on 12.01.1976 which according to her had been lost and destroyed in Michaung storm. The document was lost at Door No.35/17, 1st street, East Main Road, Shenoy Nagar, Chennai 600 030. The respondent may grant the petitioner a personal hearing and enquire the details. If it is determined that the petitioner had actually lost the document in the said storm, then issue a certificate certifying the same. The respondent shall complete the said exercise within a period of six weeks from the date on which the petitioner gives a fresh representation.

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

18.11.2024 dpq Index: Yes/No Speaking order / Non speaking order To The Commissioner, 4/6

Greater Chennai Corporation Ripon Building, Poonamallee Main road, Chennai 600 003.

C.V. KARTHIKEYAN, J.

dpq 5/6

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