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Madras High CourtWP(MD)/13188/2015disposed of

S.Rajini v. The Secretary To Government

2015-07-28Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.7.2015

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD).No.13188 of 2015 S.Rajini

...Petitioner

Vs 1.The Secretary to Government, Municipal Administration & Drinking Water Distribution Department, Fort St.George, Chennai-600 009.

2.The Commissioner, Corporation of Thanjavur, Thanjavur.

...Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the Respondents 1 and 2 to take decision on the petitioner's representation dated 27.6.2005 as per the communication in Na.Ka.No.13032/2005/F3 dated 20.9.2007 by the second respondent within time frame as fixed by this Hon'ble Court.

For Petitioner : Mr.M.Karunanithi For Respondents : Mr.M.Rajarajan Government Advocate

ORDER

The petitioner has come forward with this Writ Petition for a Writ of Mandamus directing the respondents 1 and 2 to take decision on the petitioner's representation dated 27.6.2005 as per the communication in Na.Ka.No.13032/2005/F3 dated 20.9.2007 by the second respondent. By the said representation, she has requested the first respondent to issue a "No Objection Certificate" to the petitioner for the purpose of getting patta in her favour.

2. Mr.M.Rajarajan, learned Govt.Advocate takes notice for the respondents.

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

4. The learned counsel appearing for the petitioner would submit that there is no rival claim nor suit is pending as impediment for the issuance of patta to the lands belonging to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

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

6.

In the case on hand, since the petitioner claims that there is no rival claim nor suit is pending, without going into the merits of the claim made by the petitioner in this Writ Petition, the first respondent is directed to pass appropriate orders, on the representation of the petitioner dated 21.04.2015, on merits and in accordance with law, after giving notice to the interested parties, if any and also after verifying the relevant records as on date, within a period of six weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition stands disposed of. No costs.

ssm Sd/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1.The Secretary to Government, Municipal Administration &Drinking Water Distribution Department, Fort St.George, Chennai-600 009. 2.The Commissioner, Corporation of Thanjavur, Thanjavur. W.P(MD).No.13188 of 2015 28.07.2015 2P/3C AM/GSV.PM/SAR-II/26.08.2015.

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