Madras High CourtWP(MD)/4667/2017disposed of

Thankaraj, S/O.Samuel v. The District Collector

2017-11-09Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.4667 of 2017 Thankaraj .. Petitioner Vs.

The District Collector, Kanyakumari District, Nagercoil.

.. Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to permit the petitioner to execute gift deed (measuring 1 acre 66 cents in Re.Sy.No.433/2 D1 of Kalyal Village, Kanyakumari District) in favour of his sons and consider the petitioner representation dated 10.02.2017. For Petitioner : Mr.D.Christenson Jugunu For Respondent : Mr.T.S.Mohammed Mohideen, Additional Government Pleader.

ORDER

This writ petition is filed seeking a writ of mandamus to direct the respondent to permit the petitioner to execute a gift deed in respect of his property admeasuring 1 acre 66 cents comprised in Re.Sy.No.433/2 D1, Kalyal Village, Kanyakumari District, in favour of his sons, based on his representation, dated 10.02.2017.

2.Heard both sides.

3.The petitioner made a representation dated 10.02.2017, to the respondent, seeking to permit him to execute a gift deed in respect of his property admeasuring 1 acre 66 cents comprised in Re.Sy.No.433/2 D1, Kalyal Village, Kanyakumari District, which is admittedly a private forest land, in favour of his sons. 4.The learned counsel for the petitioner would submit that it would be suffice, if the representation of the petitioner, dated 10.02.2017, is disposed of by the respondent as per law. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner, dated 10.02.2017 and pass appropriate orders on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(writs) /True Copy/ Sub Assistant Registrar To The District Collector, Kanyakumari District, Nagercoil.

+1cc to Mr.D.Christenson Jugunu, Advocate Sr.No.86423 +1cc to The Spl.Government Pleader Sr.No.86564 SMN VB/MR/KKR/SAR4/21.11.2017/2P/4C ORDER MADE IN W.P(MD)No.4667 of 2017 09.11.2017 https://hcservices.ecourts.gov.in/hcservices/