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Madras High CourtWP/34963/2025disposed of with direction

Kasthuri v. Union Of India

2025-09-16Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:16.09.2025 C O R A M THE HONOURABLE MR.JUSTICE M.DHANDAPANI Kasthuri ... Petitioner Vs 1.Union of India Rep by its Secretary to Government Ministry of Defence, No: 101A, South Block, DHQPO, New Delhi-110011.

2.The Defense Estates Officer, Jodhpur Circle, Jodhpur, Rakasha Sampada Bhavan, Military Hospital Road, Jodhpur-342001.

3.The Officer Commanding, Office:21C, 415 (1) Engineer Squadron, C/o 56 APO, Pin:914415.

4.The Record Officer, OIC Records, Abhilekh Karyalaya, Madras Engineer Group, C/o 56 APO, Pin:900493.

5.The Joint Director, Welfare Complex, Room No:211, South Block I, 1/6

HQ of Ministry of Defence (Army) New Delhi-110 011.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents to pay compensation for possession of the Petitioner's property or to make any arrangements to provide alternative place at her native district Vellore in Tamil Nadu as per representation of the petitioner dated 21.10.2022, 09.12.2022 and 22.08.2025 within the time limit fixed by this Hon'ble Court. For Petitioner : Mr.D.A.Sugumar For Respondents : Mr.V.Balasubramanian, Senior Panel Counsel

O R D E R

The present Writ Petition has been filed seeking a direction to the Respondents to pay compensation for possession of the Petitioner's property or to make any arrangements to provide alternative place at her native district Vellore in Tamil Nadu by considering her representation dated 21.10.2022, 09.12.2022 and 22.08.2025 within the time that may be stipulated by this Court.

2. Mr.V.Balasubramanian, learned Senior Panel Counsel takes notice on behalf of the respondents.

3. It is the case of the petitioner that her husband died on 26.06.2001 leaving behind the petitioner and her children during the course of his employment at Jhansi in the State of Uttar Pradesh. During his service at Indian 2/6

Army in Jodhpur, Rajasthan, he purchased a vacant site in Plot No.209, comprised in Khasra No.:632, village Jodhpur at Jodhpur vide registered sale deed dated 13.10.1995. After the demise of her husband, the petitioner could not identify the said property and therefore, she made a representation dated 21.10.2022, 09.12.2022 and 22.08.2025 to the respondents seeking to handover the possession of the aforesaid property in favour of the petitioner. However, the said representations have not been considered by the respondents so far and therefore, in order to espouse the said cause, the petitioner has come up with the present Writ Petition.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice, if this Court issues a direction to the respondents to consider the petitioner's representation dated 21.10.2022, 09.12.2022 and 22.08.2025 and pass orders on the same within the time that may be stipulated by this Court.

5. Learned Senior Panel Counsel appearing for the respondents submitted that the petitioner's representation will be considered and appropriate orders will be passed within a period of six weeks from the date of receipt of a copy of this order.

6. In view of the limited relief sought for by the petitioner, this Court without expressing any opinion on the merits of the case, directs the respondents 3/6

to consider the petitioner's representation dated 21.10.2022, 09.12.2022 and 22.08.2025 and pass appropriate orders on the same in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order, after affording an opportunity of hearing to the petitioner and any other interested parties.

7. This Writ Petition stands disposed of with the aforesaid direction. There shall be no order as to costs.

16.09.2025 Index : Yes / No Speaking Order / Non-speaking order Nhs To 1.The Secretary, Union of India, Government Ministry of Defence, No: 101A, South Block, DHQPO, New Delhi-110011.

2.The Defense Estates Officer, Jodhpur Circle, Jodhpur, Rakasha Sampada Bhavan, Military Hospital Road, Jodhpur-342001.

3.The Officer Commanding, Office:21C, 415 (1) Engineer Squadron, C/o 56 APO, Pin:914415.

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4.The Record Officer, OIC Records, Abhilekh Karyalaya, Madras Engineer Group, C/o 56 APO, Pin:900493.

5.The Joint Director, Welfare Complex, Room No:211, South Block I, HQ of Ministry of Defence (Army) New Delhi-110 011.

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M.DHANDAPANI, J Nhs 16.09.2025 6/6