Madras High CourtWP(MD)/16766/2017disposed of

T.Shanmuga Vadivu, v. The District Collector,

2017-09-06Honourable Mr Justice K. Kalyanasundaram3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 06.09.2017

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P(MD)No.16766 of 2017 T.Shanmugavadivu ..Petitioner Vs 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East Taluk, Madurai.

..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 5.7.2017.

For Petitioner :M/s.PR.Boomee Rajan For Respondents :Mr.A.Muthukaruppan Addl.Govt.Pleader

ORDER

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 5.7.2017.

2.Mr.A.Muthukaruppan, learned Additional Government Pleader takes notice for the respondents.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The Petitioner would claim that her father was the absolute owner of the property measuring an extent of 15 acres and 71 cents in S.Nos.27/1, 27/2,27/3, 27/4 and 30/1 in Illanthikulam Village, Madurai District, by virtue of registered 'Will' in Document No.38/1937 by Settlement Deeds in Document Nos.386/1946 and 3216/ 1970. After his demise, the Petitioner inherited the property and now she is in possession and enjoyment of the same.

5.The Petitioner would state that he approached the respondents and submitted an application on 5.7.2017 seeking issuance of patta. Since no action was taken, the Petitioner has come up with the present Writ Petition for the relief stated supra.

6.Considering the submission made by the learned counsel for the Petitioner, without going into the merits of the case, this Court directs the second respondent to consider the representation of the Petitioner, dated 5.7.2017 on merits and in accordance with law and pass orders on the same, after giving notice to the Petitioner and other interested parties, if any, as expeditiously as possible, preferably within a period of twelve weeks from the date of receipt of a copy of this order 7.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District, Madurai.

2.The Tahsildar, Madurai East Taluk, Madurai.

+1cc to M/S.PR.BOOMEE RAJAN, Advocate SR.No.76987 +1cc to Special Government Pleader, SR.No. 77701 vsn MAS/KP/SAR2:12.09.2017:2P-5C W.P(MD)No.16766 of 2017 06.09.2017