Madras High Court
K.C.Radha vs The Thasildar on 29 April, 2022
W.P.No.11329 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI
W.P.No.11329 of 2022 and
W.M.P.No.10866 of 2022
K.C.Radha ...Petitioner
vs.
1. The Thasildar,
Office of Thasildhar,
Omalur, Salem District.
2. The Zonal Deputy Thasildar,
Omalur, Salem District.
3. Saraswathi
4. Radhakrishnan ... Respondents
Writ Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus directing the respondents 1 and 2 to consider the
objections to the representation of the 3rd respondent dated 08.03.2019 and
legal notice, issued by the petitioner herein dated 15.07.2020 and
29.07.2020 respectively and conduct enquiry before passing orders on the
said representation of the 3rd respondent.
1/7
https://www.mhc.tn.gov.in/judis
W.P.No.11329 of 2022
For Petitioner : Mr.R.Nalliyappan
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader for RR1 and 2
ORDER
This writ petition has been filed seeking for issuance of a writ of
Mandamus to direct the respondents 1 and 2 to consider the objections to
the representation of the third respondent, dated 08.03.2019 and legal
notices, issued by the petitioner herein dated 15.07.2020 and 29.07.2020
respectively and conduct enquiry before passing orders on the said
representation of the third respondent within a time frame that may be fixed
by this Court.
2. Since no adverse order has been passed against the private
respondents, namely the third and fourth respondents, notice to them is
dispensed with.
3. The case of the petitioner is that she purchased the property in
S.F.No.153/2 and 153/4, situated in Sellapillai Kuttai Village, Omalur
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W.P.No.11329 of 2022
Taluk, Salem District, of an extent of 3.47 ¼ acres from one Kandasamy and
Rajalakshmi, vide Sale Deed dated 30.10.1996. Thereafter, petitioner is in
possession and enjoyment of the said property. While that being so, the
private respondents, namely third and fourth respondents, claiming title of
the said property, filed a suit in O.S.No.326 of 2004 for declaration and
permanent injunction on the file of the Additional District Judge, Fast Track
Court II, Salem and the said suit was decreed, vide Judgment dated
16.12.2006 in favour of the third and fourth respondents, as against which
the petitioner herein being the seventh defendant in the said Suit preferred
an Appeal before this Court in A.S.No.1075 of 2007. This Court vide
Judgment dated 30.04.2013, allowed the Appeal and set aside the decree
dated 16.12.2006, granted by the Trial Court in O.S.No.326 of 2004.
Subsequent to the disposal of the above Appeal, the third and fourth
respondents made a representation dated 08.03.2019 before the first
respondent to cancel the Patta which stood in favour of the petitioner herein
and to issue fresh Patta in favour of the third and fourth respondents.
Suppressing the above facts, the third respondent filed a Writ Petition
before this Court in W.P.No.6836 of 2020 to consider his representation
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W.P.No.11329 of 2022
dated 08.03.2019. This Court, vide order dated 17.03.2020 issued direction
to the second respondent therein, to consider the representation of the
petitioner therein, dated 08.03.2019, within a period of six weeks and pass
order on merits and in accordance with law and subsequently directed the
petitioner therein to make fresh representation to the second respondent /
Tahsildar, pursuant to which, the petitioner herein made representation and
legal notice before the first and second respondents on 15.07.2020 and
29.07.2020, respectively to conduct enquiry before passing orders on the
earlier representation of the third respondent dated 08.03.2019. While so,
the petitioner has come up with the present Writ Petition seeking the
aforesaid relief.
4. Though very many grounds have been raised in this Writ Petition,
learned counsel for the petitioner submits that, it would suffice, if this Court
issues direction to the first and second respondents to consider the
representation and legal notice of the petitioner as well as the third
respondent dated 15.07.2020, 29.07.2020 and 08.03.2019, respectively as
directed by this Court in earlier Writ Petition, vide order dated 17.03.2020
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W.P.No.11329 of 2022
and conduct enquiry and pass appropriate orders within a particular time
frame that may be fixed by this Court.
5. The learned Special Government Pleader appearing for respondents
1 and 2 has no objection for said order being passed.
6. Heard the learned counsel appearing on either side and perused the
materials placed before this Court.
7. Taking into consideration the factual aspects of the matter, this
Court, without going into the merits of the case, directs the first and second
respondents to consider the representation and legal notice of the petitioner
as well as the third respondent dated 15.07.2020, 29.07.2020 and
08.03.2019, respectively as directed by this Court in earlier Writ Petition, in
W.P.No.6836 of 2020 vide order dated 17.03.2020 and conduct enquiry
and pass appropriate orders, on merits and in accordance with law, after
affording an opportunity of hearing to the petitioner as well as private
respondents namely respondents 3 and 4, within a period of twelve weeks
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W.P.No.11329 of 2022
from the date of receipt of a copy of this order.
8. With the above observations and direction, the Writ Petition is
disposed of. No costs. Consequently, connected Miscellaneous Petition is
closed.
29.04.2022
rap
Index : Yes/No
Speaking order : Yes/No
To
1. The Thasildar,
Office of Thasildhar,
Omalur, Salem District.
2. The Zonal Deputy Thasildar,
Omalur, Salem District.
M.DHANDAPANI, J.
https://www.mhc.tn.gov.in/judis
W.P.No.11329 of 2022
rap
W.P.No.11329 of 2022
29.04.2022
https://www.mhc.tn.gov.in/judis
