Vasantha T.A v. The Commissioner

1 W.P.(MD)NO.12441 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.12441 of 2022 T.A.Vasantha ... Petitioner Vs.

1. The Commissioner, Madurai Corporation, Madurai.

2. The City Town Planning Officer, Madurai Corporation, Madurai.

3. The Revenue Divisional Officer, Melur Taluk, Narasingampatti, Melur, Madurai.

4. The Town Surveyor, Zone-4, Madurai Corporation, Madurai.

5. The Tahsildar, Madurai South, Madurai.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 12.10.2021 to issue No Objection Certificate in respect 1/4

2 W.P.(MD)NO.12441 OF 2022 of the property comprised in T.S.No.72, Survey Ward No.1 Block 67, Door No.7G, East Madurai Corporation Colony, Madurai, within the stipulated time fixed by this Court so as to enable the petitioner to obtain patta for the said property. For Petitioner : Mr.Babu Rajendran For R-1, R-2 & R-4 : Mr.K.K.Kannan For R-3 & R-5 : Mr.M.Prakash, Additional Government Pleader.

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O R D E R

Heard the learned counsel on either side.

2. The petitioner claims to be the owner of the petition mentioned property. She states that her husband and his brother purchased the property from a Corporation employee. Subsequently, the petitioner's brother executed relinquishment deed also. The petitioner's husband is also no more. When the petitioner wanted to deal with the property, she came to know that it has been classified as corporation property in the survey sketch. The Revenue Divisional Officer, 2/4

3 W.P.(MD)NO.12441 OF 2022 Melur is insisting that the petitioner must produce no objection certificate from Madurai Corporation. The petitioner has submitted a petition in this regard before the first respondent.

3. The learned Standing counsel appearing for the Corporation states that the documents produced by the petitioner appear to be of doubtful authenticity. Be that as it may, when the petitioner has filed her petition before the first respondent, it is the duty of the first respondent to give a disposal to the same. The first respondent shall pass order on the petition mentioned representation seeking issuance of no objection certificate on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

4. This writ petition stands disposed of accordingly. No costs.

28.06.2022 Index : Yes / No Internet : Yes/ No PMU 3/4

4 W.P.(MD)NO.12441 OF 2022 G.R.SWAMINATHAN,J.

PMU To:

1. The Commissioner, Madurai Corporation, Madurai.

2. The City Town Planning Officer, Madurai Corporation, Madurai.

3. The Revenue Divisional Officer, Melur Taluk, Narasingampatti, Melur, Madurai.

4. The Town Surveyor, Zone-4, Madurai Corporation, Madurai.

5. The Tahsildar, Madurai South, Madurai.

W.P.(MD)No.12441 of 2022 28.06.2022 4/4

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