Lakshmipriya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.11.2022

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P(MD)No.25195 of 2022 Lakshmipriya, W/o.Dharmaraj ... Petitioner Vs 1.The District Collector, Dindigul District, Dindigul.

2.The District Registrar, Registration Department, Registration Department Office, Dindigul District.

Dindigul.

3.The Sub-Registrar, Sub-Registrar Office, Kodaikanal, Dindigul District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to act accordingly in registering any documents pertaining to the land bearing to the petitioner in Survey No.508/3, in hectare 0.30.05 acres in Patta No.1812, situated at Boomparai Village, Kodaikanal Taluk, Dindigul District, after availing detailed report over the said property, based on the petitioner's representation dated 27.09.2022.

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For Petitioner : Mr.T.Palanisamy For Respondents : Mr.K.S.Selvaganesan Additional Government Pleader

ORDER

The petitioner has prayed for issuance of a Writ of Mandamus, directing the third respondent to act accordingly in registering any documents pertaining to the land of the petitioner in Survey No.508/3, in hectare 0.30.05 acres in Patta No.1812, situated at Boomparai Village, Kodaikanal Taluk, Dindigul District, after availing detailed report over the said property, based on her representation dated 27.09.2022.

2.

Heard Mr.T.Palanisamy, learned counsel appearing for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader, who takes notice for the respondents. By consent of both sides, the Writ Petition is taken up for final disposal at the admission stage itself. 3.

According to the petitioner, the property bearing S.No.508/3, measuring an extent of 75 cents, situated at Boomparai Village, Kodaikanal Taluk, Dindigul District, belongs to one Mariammal, W/o.Kuppandi Servai. In the year 1995, she executed a settlement deed, dated 11.02.1995, in favour of her two daughters namely, Thirumalaiammal and Palaniammal. The said Palaniammal married one Nagarajan and they have no issues. Therefore, they 2/5

adopted the petitioner, who is the daughter of one Ganesan and Vijayalakshmi. Thereafter, in the year 2013, the said Palaniammal executed a Will in favour of the petitioner. After receipt of the said Will, the petitioner is in possession and enjoyment of the said property till date. On 17.03.2022 the said Thirumalaiammal executed a consent deed in front of the Notary Public in respect of 37.5 cents of land in favour of the petitioner. In order to meet out the family and children's educational expenses, the petitioner decided to sell the said property and approached the third respondent to register the sale deed. However, the third respondent refused to register the same. Hence, the petitioner sent a representation to the respondents, dated 27.09.2022. But, till date, no action has been taken. Therefore, the petitioner has approached this Court by way of filing the present Writ Petition for the relief stated supra. 4.

The learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representation, dated 27.09.2022, would be considered and appropriate orders would be passed on merits and in accordance with law, within a time frame.

5.

Recording the aforesaid submission made by the learned Additional Government Pleader appearing for the respondents, this Court 3/5

directs the third respondent to consider the representation of the petitioner, dated 27.09.2022, to register the document in respect of 37.5 cents of land, in S.No.508/3, situated at Boomparai Village, Kodaikanal Taluk, Dindigul District, after holding an enquiry, if necessary, within a period of four weeks from the date of receipt of a copy of this order. 6.

This Writ Petition stands disposed of with the above direction. No costs.

Index : Yes/No 07.11.2022 smn2 To 1.The District Collector, Dindigul District, Dindigul.

2.The District Registrar, Registration Department, Registration Department Office, Dindigul District.

Dindigul.

3.The Sub-Registrar, Sub-Registrar Office, Kodaikanal, Dindigul District.

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V.BHAVANI SUBBAROYAN, J.

smn2 W.P(MD)No.25195 of 2022 07.11.2022 5/5