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Madras High CourtWP(MD)/18250/2020disposed of

K.Arumugam v. The District Collector

2020-12-11Honourable Mr Justice S. Vaidyanathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2020

CORAM

THE HON'BLE MR.JUSTICE S.VAIDYANATHAN K.Arumugam ... Petitioner -Vs1.

The District Collector, Karur District 2.

The Tahsildar, Manmangalam Taluk Karur District.

3.

The Superintendent of Police, Karur District.

4.

Mohanambal ... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue a writ of Mandamus to direct the respondents 1 to 3 to take necessary action on the petitioner's representation dated 13.07.2020 on merits and in accordance with law. For Petitioner : Mr.K.K.Senthilvelan For Respondents : Mr.P.Kannithevan Additional Government Pleader

ORDER

The writ petition has been filed to direct the respondents 1 to 3 to take necessary action on the petitioner's representation dated 13.07.2020 on merits and in accordance with law. 2.Heard the learned counsel for the petitioner and the learned Additional Government Pleader, who takes notice for the respondents 1 to 3. Since no adverse order is going to be passed against the fourth respondent, notice to the fourth respondent is dispensed with.

3.According to the petitioner, after the demise of the petitioner's father, the property in S.No.1711/26 to an extent of 1/3

2180 sq.ft., the petitioner's mother along with her sisters executed release deed in favour of the petitioner herein and the same was also registered. However, the fourth respondent, who is none other than the sister of the petitioner herein, has not executed the release deed in favour of the petitioner. While so, the petitioner's mother, who was living in the property belongs to the petitioner, died on 11.05.2020. Subsequently, when the petitioner made efforts to live in the aforesaid property, which stands in her name, the fourth respondent locked the premises. In order to change the patta in her name and to get back the property from the 4th respondent, the petitioner sent a representation to the first respondent on 13.07.2020. The first respondent, in turn, directed the respondents 2 and 3 to take necessary action on the said representation. However, since no order has been passed on the said representation, the petitioner is before this Court with this writ petition for the aforesaid relief.

4.The learned Additional Government Pleader would submit that the respondents would consider the said representation and pass appropriate orders within a time that may be stipulated by this Court.

5.In view of the limited prayer that has been sought for in the writ petition, without going into the merits of the matter, the respondents are directed to consider the representation of the petitioner dated 13.07.2020 and pass appropriate orders on the same, in accordance with law, after affording an opportunity of hearing to the parties concerned, within a period of 120 days from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) RR 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.

2/3

To 1.

The District Collector, Karur District 2.

The Tahsildar, Manmangalam Taluk Karur District.

3.

The Superintendent of Police, Karur District.

+1cc to Special Government Pleader Sr.No.25440 Order made in 11.12.2020 KMV(CO) NR (19/01/2020) 3P : 5C 3/3