R.Rajagopal v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R.Rajagopal

...Petitioner

Vs 1.The District Collector, Krishnagiri, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri, Krishnagiri District.

3.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

5.The Village Administrative Officer, Hosur Taluk, Krishnagiri District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to issue 1/4

necessary orders to the respondents 3 to 5 to delete the entry in the Adangal Accounts of the petitioner's house site as "Adi Dravida conditional Land" situated at Plot No.6, in Survey No.647/1C1E to an extent of 1350 square feet in Onnalvadi Village, Hosur Taluk, Krishnagiri District, based on the petitioner's representation dated 15.02.2023. For Petitioner : Mr.T.Sellapandian For Respondents : Mr.R.P.Murugan Raja, Government Advocate

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 had given a representation to the respondents on 15.02.2023, seeking for rectification of error and for classifying the Survey No.647/1C1E as house site. 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 2/4

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 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 second respondent herein to consider the petitioner's representation dated 15.02.2023, on its own merits and in accordance with law, after giving due opportunity to the petitioner, as well as all other persons who may be interested in the subject property, within a period of twelve 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. Accordingly, the Writ Petition stands disposed of. No costs. 23.03.2023 hvk 3/4

M.S.RAMESH,J.

hvk To 1.The District Collector, Krishnagiri, Krishnagiri District.

2.The District Revenue Officer, Krishnagiri, Krishnagiri District.

3.The Revenue Divisional Officer, Krishnagiri, Krishnagiri District.

4.The Tahsildar, Hosur Taluk, Krishnagiri District.

5.The Village Administrative Officer, Hosur Taluk, Krishnagiri District.

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