Narayanamma v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Narayanamma
...Petitioner
Vs 1.The District Collector, Office of the District Collectorate, Krishnagiri District.
2.The Tahsildar, Taluk Office, Shoolagiri, Krishnagiri District.
3.Village Administrative Officer, Alagotta Village, Shoolagiri Taluk, Krishnagiri District.
4.The Sub- Registrar Shoolagiri, Krishnagiri District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd and 3rd Respondent to consider the Petitioner's representation dated 09.01.2023 for issuing NOC to the 4th Respondent, Sub-Registrar office, Shoolagiri so enabling him to fix guideline value for the property in survey No.532 /1B2 1/5
Alagotta village, Shoolagiri Taluk, Krishnagiri District in the guideline value register and enter data in the registration records system accordingly within the time as stipulated by this Court. For Petitioner : Mr.R.Bharath Kumar For Respondents : Ms.Akila Rajendran, Government Advocate
ORDER
The limited prayer sought for in the present Writ Petition is for a direction to the second and third respondents to consider the petitioner's representation dated 09.01.2023 seeking for issuance of NOC to the fourth respondent to enable him to fix guideline value for the property in survey No.532 /1B2, Alagotta Village, Shoolagiri Taluk, Krishnagiri District in the guideline value register and enter data in the registration records system within a time frame to be fixed by this Court. Since the said representation has not been considered till date, the present writ petition has been filed.
2. 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 2/5
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.
3. In the light of the above observations, there shall be a direction to the respondents 2 and 3 herein to consider the petitioner's representation dated 09.01.2023 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 concerned respondent to consider the same on its own merits.
4. With the above direction, the Writ Petition stands disposed of. No costs.
17.03.2023 nl 3/5
Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Office of the District Collectorate, Krishnagiri District.
2.The Tahsildar, Taluk Office, Shoolagiri, Krishnagiri District.
3.Village Administrative Officer, Alagotta Village, Shoolagiri Taluk, Krishnagiri District.
4.The Sub- Registrar Shoolagiri, Krishnagiri District.
4/5
M.S.RAMESH,J.
nl 17.03.2023 5/5