Pavithra v. the State Rep by the Managing Director
Case brief
What is this about?
Madras HC W.P.No.14988 of 2025 (decided 25.04.2025, D. Bharatha Chakravarthy J): writ of mandamus seeking sale deed for TN Urban Habitat Development Board house unit allotted to petitioner's deceased mother Karpagam; petitioner is only daughter; father Umapathy missing since her birth; presumption of death of missing person under Section 111 Bharatiya Sakshya Adhiniyam (BSA); civil suit directed, to be decided within 3 months, sale deed to be considered by Board on production of decree; FIR not required; no costs.
What did the court decide?
Writ petition disposed of with directions: petitioner to file a civil suit regarding the presumption under Section 111 of the BSA Act (which the Civil Court may consider dehors the FIR); suit to be decided within three months of initiation; thereafter petitioner to approach the first respondent with the Civil Court decree, upon which the Board shall consider issuing the sale deed in her name; no costs.