Poongodi v. The Tahsildar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2024
CORAM
THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.29976 of 2024 Poongodi
...Petitioner
Vs.
1. The Tahsildar, Office of the Tahsildar, Nambiyur, Erode District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gobichettipalayam, Erode District.
3. The District Collector, Office of the District Collector, Erode District. ...Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the first respondent to take appropriate action as directed by the second respondent herein vide his proceedings dated 30.07.2024.
For Petitioner : Mr.A.Chandra Sekaran For Respondents : Mr.A.Selvendran Special Government Pleader 1/5
O R D E R
The petitioner herein seeks a direction to the first respondent to take appropriate action as per direction issued by the second respondent in his proceedings dated 30.07.2024.
2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.
3. It is the case of the petitioner that the property situated in RS.No.34/3, Nambiyur A Village, Nambiyur, Erode District was assigned to the petitioner on 15.09.2006 with condition that the subject property assigned shall not be alienated. It is further stated by the petitioner that in order to over come her financial crisis, she decided to sell the property assigned to her. Therefore, she submitted a representation before the respondents seeking to relax the condition No.4 of the assignment order dated 15.09.2006, which prohibited alienation of the property for the 30 years. The second respondent also in his proceedings dated 30.07.2024 directed the first respondent to consider the 2/5
request made by the petitioner on its own merits. However, the first respondent has not considered till date. Hence, the petitioner is before this Court.
4. Mr.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the request made by the petitioner would be considered on its own merits and appropriate orders will be passed.
5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the first respondent to consider the representation of the petitioner dated 05.07.2024 and pass final orders, after issuing notice to all interested parties, within a period of eight weeks from the date of receipt of a copy of this order.
6. With the above direction, this Writ Petition is disposed of. No 3/5
costs.
17.10.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av To
1. The Tahsildar, Office of the Tahsildar, Nambiyur, Erode District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gobichettipalayam, Erode District.
3. The District Collector, Office of the District Collector, Erode District.
S. SOUNTHAR, J.
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W.P No.29976 of 2024 17.10.2024 5/5