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Madras High CourtWP(MD)/8784/2020disposed of

Petchiammal v. The Commissioner

2020-08-05Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.8784 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.8784 of 2020 and W.M.P(MD)No.8064 of 2020 Petchiammal ... Petitioner Vs.

The Commissioner, Corporation of Madurai, Madurai - 2.

... Respondent PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondent to assign the land bearing Survey No.122/1 to an extent of 4.9 metre X 3.4 metre situated at Ward No.38, Panthalkudi 6th Street, Sellur, Madurai - 2 on considering the petitioner's family's long occupation, based on the petitioner's representation dated 20.02.2020 made to the respondent. For Petitioner : Mr.P.Poovalingam For Respondent : Mr.T.S.Mohammed Mohideen Standing Counsel

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondent to assign the land bearing Survey No.122/1 to an extent of 4.9 metre x 3.4 metre situated at Ward No.38, Panthalkudi 6th Street, Sellur, Madurai - 2 based on the representation of the petitioner dated 20.02.2020. 2.Mr.T.S.Mohammed Mohideen, learned Standing Counsel takes notice for the respondent.

3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, her husband occupied the house site bearing Survey No.122/1 to an extent of 4.9 metre x 3.4 metre situated at Sellur, Madurai and subsequently put up a small hut and covered by tiles. Seeking to assign the said house site, the petitioner has sent a representation dated 20.02.2020 to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8784 of 2020 respondent. So far no order has been passed by the respondent, the petitioner has filed the present Writ Petition. 5.The learned Standing Counsel appearing for the respondent submitted that the representation of the petitioner will be considered on merits and in accordance with law within the time stipulated by this Court.

6.In view of the submissions made by the learned counsel appearing on either side, this Court, without expressing any opinion on the merits of the matter, directs the respondent / the Commissioner, Madurai to consider the representation of the petitioner dated 22.02.2020 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.

7.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(Records) // True Copy // / /2020 Sub Assistant Registrar(CS) ps 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. To The Commissioner, Corporation of Madurai, Madurai - 2.

+1 CC to M/s.T.S. MOHAMED MOHIDHEEN, Advocate ( SR-13744[F] dated 06/08/2020 ) Order made in W.P.(MD)No.8784 of 2020 Dated:05.08.2020 se(CO) TR(18.08.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2