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Madras High CourtWP(MD)/21075/2021disposed of

Bairose Banu v. The District Collector

2021-11-25Honourable Mr Justice C.V. Karthikeyan2 pages

W.P(MD)No.21075 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD)No.21075 of 2021 Bairose Banu Represented by her General Power of Attorney, Saravanan.

... Petitioner Vs.

1.The District Collector, O/o.Ramanathapuram District Collectorate, Mandapam Road, Sakkarakottai, Ramanathapuram District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Ramanathapuram District.

3.The Tahsildar, Ramanathapuram District, Ramanathapuram.

4.S.A.Mohammed Ismail ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose the petitioner's representation in Na.Ka.No.A4/4786/2021 dated 27.08.2021 pending on the file of the second respondent based on the representation dated 27.05.2021 and on 07.08.2021 made to the respondents and to conduct enquiry and pass appropriate order on genuineness and validity of the legal heir certificate issued on 20.08.2009 vide proceedings No.27G/0331080 and computer number 2009/27/11/00243 thereon within the time fixed by this Court.

For Petitioner : Mr.D.R.Murugesan For R-1 to R-3 : Mr.D.Ghandiraj, Special Government Pleader.

ORDER

The Writ Petition has been filed in the nature of Mandamus seeking consideration of the representation of the petitioner dated 27.08.2021.

2. It is stated by the learned counsel that an inquiry has actually commenced and notice has also been issued to the petitioner https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.21075 of 2021 who had also appeared during the inquiry. A notice had also been issued to the fourth respondent in this regard. Since the inquiry is ongoing, it would only be prudent that the merits of the case of the petitioner are not examined and the merits of the case are left to the wisdom and privilege of the third respondent.

3. The third respondent / the Tahsildar may complete the ongoing inquiry on or before 31.12.2021 and forward the necessary report to the second respondent who may take further action.

4. This Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2021 Sub Assistant Registrar(CS) Lm/Nsr 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 1.The District Collector, O/o.Ramanathapuram District Collectorate, Mandapam Road, Sakkarakottai, Ramanathapuram District.

2.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Ramanathapuram District.

3.The Tahsildar, Ramanathapuram District, Ramanathapuram.

+1 CC to M/s.SPL GP ( SR-36063[F] dated 26/11/2021 ) W.P(MD)No.21075 of 2021 25.11.2021 RD(08.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2