R. Banu v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.02.2019

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.10468 of 2014 R.Banu

...Petitioner

Vs 1.The Collector, Vandavasi Road, Thaiyarkulam, Kanchipuram, Tamil Nadu 631 501.

2.The Tahsildar, Ramanujar Nagar, Sriperumbudur, Tamil Nadu 602 105.

3.The Revenue Inspector, Sriperumbudur, Tamil Nadu 602 105.

4.R.Vijayan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus directing the 1st respondent to forward the representation dated 11.03.2014 to the 2nd and 3rd respondents to consider the same and to hold appropriate enquiry upon the pattas issued vide Patta No.6952 in the name of the 4th respondent herein.

For Petitioner : Mr.Yusuf for M/s.Nathan and Associates For R1 & R2 : Mr.B.Anand, GA For R3 & R4 : Dismissed vide order dt.17.08.2015

O R D E R

This writ petition is filed seeking direction to the 2nd and 3rd respondents to consider and pass orders on the representation of the petitioner dated 11.03.2014 within the stipulated time fixed by this Court.

2.The learned counsel for the petitioner would submit that the petitioner has given a representation dated 11.03.2014 to the respondents stating that without holding a proper enquiry, patta was granted in favour of the 4th respondent on the misrepresentation as if he is the sole legal heir of the deceased Karudammal, who is the owner of the property in question.

3.It is the case of the petitioner that the deceased Karudammal has two daughters viz., Vanammal and Desammal. The said Vanammal has four sons and a daughter, among which, the 4th respondent herein is the eldest. The said Desammal who died on 15.06.2010, has two sons and three daughters and the petitioner herein is her younger daughter.The 4th respondent misrepresented before the respondents that they are the only legal heirs of the deceased Karudammal. In this regard, the petitioner submitted a representation dated 11.03.2014 and the same is still pending. Hence, the petitioner is before this Court.

4.The learned Government Advocate appearing for the respondents 1 and 2 would submit that the said representation will be considered and appropriate orders will be passed, after providing opportunity to the parties concerned. 5.Considering the nature of prayer, without expressing any opinion on the merits of the case, this Court is inclined to direct the Tahsildar/2nd respondent to consider the representation of the petitioner dated 11.03.2014 on merits and in accordance with law and pass orders, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order, after affording opportunity to the necessary parties. The petitioner is directed to submit a copy of the representation, enclosing a copy of this order to the 2nd respondent.

The Writ Petition is disposed of, with the above direction. No costs.

gya Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To 1.The Collector, Vandavasi Road, Thaiyarkulam, Kanchipuram - 631 501.

2.The Tahsildar, Ramanujar Nagar, Sriperumbudur - 602 105.

3.The Revenue Inspector, Sriperumbudur - 602 105.

+1cc to M/s.Nathan & Associates, Advocates, S.R.No.12994 +1cc to the Government Pleader, S.R.No.13449 W.P.No.10468 of 2014 Kak(23/03/2019)