S.Kanchana v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.S.Kanchana 2.V.Sarala 3.J.Lakshmi 4.S.Jayasri 5.D.Subramani 6.S.Ilakhiya 7.B.Lakshmi 8.S.Vellachi 9.S.Mageshwari

...Petitioners

Vs

1. The District Collector, Tiruvannamalai District.

2. The Tahsildar, Arni Municipality, Arni - 632 301

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider and dispose of representation of petitioners dated 26.08.2022 for issuance of free house site patta as per the extant Government Scheme in accordance with law.

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For Petitioners : Mr.K.Shakespeare For Respondents : Mr.P.Sathish AGP

ORDER

Mr.K.Shakespeare, learned counsel for the petitioners and Mr.P.Sathish, learned Additional Government Pleader for the respondents.

2. The petitioners herein had given a representation to the first respondent on 26.08.2022 seeking for a direction for issuance of free house site patta. 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 the respondents 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this 2/4

Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them 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 petitioners' representation dated 26.08.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order, after giving opportunity to all the concerned parties. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the first respondent to consider the same on its own merits.

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

17.04.2023 Index:Yes/No Speaking order/Non-speaking order sr 3/4

M.S.RAMESH,J.

sr To

1. The District Collector, Tiruvannamalai District.

2. The Tahsildar, Arni Municipality, Arni - 632 301 17.04.2023 4/4