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2014 DIGILAW 3032 (MAD)

J. S. R. Thilaka v. State of Tamil Nadu rep. by the Secretary Government Home (Court - II- A) Department

2014-09-02

R.MAHADEVAN

body2014
Judgment This writ petition has been filed praying that this Court may be pleased to issue a writ of Certiorarified Mandamus to call for the entire records with regard to G.O.Ms.130 (Home Courts II-A) Department dated 14/2/2001 on the file of the first respondent with regard to item 10 of the schedule II in the annexure of the Government Order and quash the same and direct the respondents to return the two sale deeds dated 24/11/1997 within a specified time frame to be fixed by this Court. 2. The case of the petitioners is that they are the owners of the property bearing Door No.24, West Chitrai Street, Madurai and the same had been wrongly mentioned in the G.O.Ms.No.130, Home (Courts, IIA) Department, dated 14.02.2001, pursuant to the sales made unauthorisedly by the power agent of the petitioners and they filed a civil suit in O.S.No.808 of 1999 on the file of the learned Additional District Munsif, Madurai Town and subsequently, those sales were set aside by the civil Court on 27.06.2008. Thereafter, the petitioners approached the authorities for releasing the property in their favour. However, the same had not been considered so far, which made them to come before this Court. 3. Heard both sides and perused the materials available on record. 4. Though the petitioners have sought for the relief as above, the learned Counsel for the petitioners submitted that the representation of the petitioners dated 17.11.2012 may be directed to be disposed of by the respondents, on merits and in accordance with law, for which, the learned Additional Government Pleader appearing for the respondents has no objection for this Court passing such an order. 5. Considering the limited scope of the relief sought for by the petitioners, the fourth respondent is directed to consider the representation of the petitioners dated 17.11.2012 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioners, within a period of six weeks from the date of receipt of a copy of this order. It is also made clear that the petitioners are permitted to submit a detailed representation, if any, to the authority concerned, setting out all the particulars thereon and the same shall be disposed of along with the representation dated 17.11.2012. 6. With the above direction, this writ petition is disposed of. It is also made clear that the petitioners are permitted to submit a detailed representation, if any, to the authority concerned, setting out all the particulars thereon and the same shall be disposed of along with the representation dated 17.11.2012. 6. With the above direction, this writ petition is disposed of. Consequently, M.P(MD)Nos.2 of 2012 and 1 of 2013, are closed. No costs.