Syed Mazhar Ahammed v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH

1. Syed Mazhar Ahammed

2. Syed Masood

3. Syed Muzfar

...Petitioners

Vs The Tahsildar Chengam Taluk, Tiruvannamalai District

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to issue joint patta in respect of land in Survey No.48/3c4 with total extent of 1130.0 sq.ft situated at Thokkavadi Village, Chengam Taluka, Tiruvanamalai District, Tamil Nadu in relation to the representation dated 05.12.2022.

For Petitioner : Mr.G.Vana Narayanan For Respondents : Ms.Akila Rajendran Government Advocate 1/4

ORDER

By consent of both the parties, the main writ petition has been taken up for final disposal.

2. The petitioner herein had given a representation to the respondent on 05.12.2022 seeking for a direction to issue joint patta in respect of land in Survey No.48/3c4 with total extent of 1130.0 sq.ft situated at Thokkavadi Village, Chengam Taluka, Tiruvanamalai District, Tamil Nadu. 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 Court will be justified in invoking its extraordinary powers under Article 2/4

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 respondent herein to consider the petitioner's representation dated 05.12.2022 on its own merits and pass appropriate orders in accordance with law, 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 respondent to consider the same on its own merits.

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

07.03.2023 2/2 Index:Yes/No Speaking order/Non-speaking order sr 3/4

M.S.RAMESH,J.

sr To The Tahsildar Chengam Taluk, Tiruvannamalai District 2/2 07.03.2023 4/4