Gladstone Peters.P v. The Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.06.2021 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH 1.P.Gladstone Peters 2.Ruth Peters
...Petitioners
Vs.
1.The Secretary to Government, Revenue Department, St. Fort George, Chennai-600 009.
2.The District Collector, Dindigul, Dindigul District.
3.The Revenue Divisional Officer, Kodaikanal, Dindigul District.
4.The Tahsildar, Kodaikanal, Dindigul District.
.... Respondents Prayer: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent to consider the petitioner's online representation, dated 15.07.2020 and 20.10.2020 within time frame.
For Petitioners : Mr.A.Manimaran For Respondents : Mr.M.Lingadurai Government Advocate
ORDER
This Writ Petition has been filed for the issue of a Writ of Mandamus directing the third respondent to consider the representation made by the petitioners on 15.07.2020 and 20.10.2020 and pass orders within the time frame fixed by this Court.
2. The case of the petitioners is that the subject property was owned by the grandmother and she died on 20.06.1980. The grandfather also died on 02.08.1985. It is further claimed that the father and mother died in the year 2014 and 2013 respectively. The petitioners wanted to demolish the existing structure and reconstruct the property. For this purpose, the petitioners 1/3
submitted a petition on 15.07.2020 in the Jamabandhy seeking for patta through online mode. Since the same did not evoke any response, the present Writ Petition has been filed before this Court seeking for appropriate directions.
3. Heard Mr.A.Manimaran, learned counsel appearing for the petitioners and Mr.M.Lingadurai, learned Government Advocate appearing for the respondents.
4. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the fourth respondent to consider the application submitted by the petitioners on 15.07.2020 and the subsequent representation made on 20.07.2020 and deal with the same on its own merits and in accordance with law and pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order. If there are any other interested parties claiming right over the subject property, they shall also be issued with notice and an opportunity shall also be given to them.
5. The petitioner is directed to make a fresh representation to the fourth respondent along with all the relevant documents and also a copy of this order.
6. The Writ Petition stands disposed of with the above directions. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE:
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. tsg To 1.The Secretary Revenue Department, St. Fort George, Chennai-600 009.
2.The District Collector, Dindigul, Dindigul District.
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3.The Revenue Divisional Officer, Kodaikanal, Dindigul District.
4.The Tahsildar, Kodaikanal, Dindigul District.
+1 CC to M/s.SPL GP ( SR-19909[F] dated 22/06/2021 ) Order made in Dated:
21.06.2021 GS (28.06.2021) 3P 6C 3/3