Ganthi Kamaraj Social Welfare Foundation v. State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Ganthi Kamaraj Social Welfare Foundation Registration No.980/1996, Represented by its Chairman, P.Ganesan, Citizen Guest House, Door No.103, 1st Floor, Kondichetty Street, Chennai - 600 001.
...Petitioner
Vs 1.State of Tamil Nadu, Rep. by its Principal Secretary, Revenue Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Commission, Land Records, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.
4.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Nanthanam, 1/6
5.The Tahsildar, O/o.The Tahsildar, Saidapet Taluk, 6.The Tahsildar, O/o.The Tahsildar, Sholinganallur Taluk,
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 3 and 4 to consider and dispose the petitioner's representation dated 30.04.2022, conduct the enquiry and grant patta for the poor people of the Trust members in land comprised in S.No.231, 707, 574 of Sholiganallur Village, Chennai District.
For Petitioner : Mr.C.Saravanabhavan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader
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 herein had given a representation to the respondents on 30.04.2022 to conduct enquiry and grant Patta to the 2/6
Trust members in the land comprised in S.No.231, 707, 574 of Shonliganallur Village, Chennai District. 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, 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 third respondent herein to consider the petitioner's representation dated 30.04.2022, on its own merits and pass appropriate orders 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 3/6
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.
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To 1.The Principal Secretary, Revenue Department, Secretariat, Fort St. George, Chennai - 600 009.
2.The Commission, Land Records, Ezhilagam, Chepauk, Chennai - 600 005.
3.The District Collector, Chennai District, Singaravelar Maligai, Rajaji Salai, Chennai - 600 001.
4.The Revenue Divisional Officer, O/o.Revenue Divisional Office, Nanthanam, 5.The Tahsildar, O/o.The Tahsildar, Saidapet Taluk, 6.The Tahsildar, O/o.The Tahsildar, Sholinganallur Taluk, 5/6
M.S.RAMESH,J.
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