R.Celin Mary v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.07.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.12434 of 2015 R.Celin Mary ... Petitioner Vs 1.The District Collector O/o. The District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildhar, O/o.The Tahsildhar, Dindigul Taluk, Dindigul District.

... Respondents Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondent No.2 to issue the No Objection Certificate to register the properties in Door No.15, Periyar Ninaivu Samathuvapuram, Nallampatti Post, Adiyanoothu Village, Dindigul District in favour of the petitioner within the time frame stipulated by this Hon'ble Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondents : Mrs.S.Bharathi Government Advocate

ORDER

The petitioner has come forward with this Writ Petition praying for a Writ of Mandamus directing the second respondent to issue a No Objection Certificate to the petitioner so as to enable her to register the properties in Door No.15, Periyar Ninaivu Samathuvapuram, Nallampatti Post, Adiyanoothu Village, Dindigul District in favour of her, by considering the representation dated 02.07.2015.

2. Mrs.S.Bharathi learned Government Advocate takes notice for the official respondents.

3. By consent, this Writ Petition itself is taken up for final disposal.

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4. The learned counsel appearing for the petitioner would submit that it would be suffice if the representation of the petitioner is disposed of, by the respondents, on merits and in accordance with law within the time stipulated by this Court.

5. The learned Government Advocate appearing for the respondent would submit that the representation of the petitioner will be considered in accordance with law.

6. It is seen from the representation that the house in question is allotted to the petitioner by the Government on the strength of G.O.Ms.No.171, Adi Dravide & Tribal Welfare (LA-4) Department, dated 22.10.1997.

Therefore, there may not be any impediment for the respondents to consider the representation of the petitioner dated 02.07.2015. In such view of the matter, without going into the merits of the claim made by the petitioner in this Writ Petition, the second respondent is directed to pass appropriate orders on the representation of the petitioner, dated 02.07.2015, on merits and in accordance with law, after giving notice to the petitioner as well as any of the interested parties, if any, within a period of two months from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector O/o. The District Collector, Dindigul, Dindigul District.

2.The Revenue Divisional Officer O/o.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildhar, O/o.The Tahsildhar, Dindigul Taluk, Dindigul District.

+1cc to Mr.T.Lajapathi Roy, Advocate in Sr No.40045 +1cc to The Special Government Pleader in Sr No.39715 W.P(MD).No.12434 of 2015 21.07.2015 https://hcservices.ecourts.gov.in/hcservices/ ssm RJ 31.07.2015 2P/6C