Nadhiya v. The Commissioner Of Lands

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Nadhiya

...Petitioner

Vs 1.The Commissioner of Lands, Land Reforms, Chepauk, Chennai - 5.

2.The District Collector, Coimbatore District.

3.The Sub Collector, Pollachi, Coimbatore District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to issue Ayan Patta in the petitioner's name for the land comprised in Survey No.566/3A2 now renumbered as Survey No.566/11, to an extent of 98.8 Cents, situated at Puravipalayam Village, Pollachi Taluk, Coimbatore District.

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For Petitioner : Mr.M.Vijayaragavan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader

ORDER

With the consent of both parties, the writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had given a representation to the third respondent on 16.08.2022 for issuance of Ayan 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 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 second respondent herein to consider the petitioner's representation dated 16.08.2022 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 three months 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.

16.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Commissioner of Lands, Land Reforms, Chepauk, Chennai - 5.

2.The District Collector, Coimbatore District.

3.The Sub Collector, Pollachi, Coimbatore District.

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