Baby v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Baby

...Petitioner

Vs 1.The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2.The District Collector, Krishnagiri District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the representation dated 08.02.2023 to enter the petitioner's name in the adangal, chitta and other revenue records and also upload in the internet the classification of the lands in S.No.13/2, Thandiappanur Village, Uthangarai Taluk, Krishnagiri District.

For Petitioner : Mr.G.Appavu For Respondents : Mr.R.P.Murugan Raja, Government Advocate 1/4

ORDER

With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner claims that she became absolute owner of the property plot No.11 in S.No.13/2, Thandiappanur Village, Uthangarai Taluk, Krishnagiri District measuring 1320 sq.ft., by virtue of a registered sale deed dated 04.4.2007. However, her name was not included in the revenue records. The petitioner has constructed a house in the land in question and obtained electricity service connection and water connection and is also paying house tax. Stating that her name has not been included in the revenue records, she had given a representation to the respondents on 08.02.2023. Since the said representation was not considered, the present writ petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon him to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, 2/4

non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the first respondent herein to consider the petitioner's representation dated 08.02.2023, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and as well as all other persons who may be interested in the subject property, within a period of four weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. No costs.

17.03.2023 Index:Yes/No 1/3 Speaking order/Non-speaking order 3/4

M.S.RAMESH,J.

RS/SNI To 1.The Tahsildar, Uthangarai Taluk, Krishnagiri District.

2.The District Collector, Krishnagiri District.

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