G.Sundaramurthy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH G.Sundaramurthy

...Petitioner

Vs 1.The District Collector, Villupuram.

2.Revenue Divisional Officer, Villupuram.

3.Tahsildar, Vikkiravandi, Villupuram.

4.District Revenue Officer, Villupuram, Villupuram District.

...Respondents

(fourth respondent impleaded as per order dated 17.04.2023 passed by MSRJ in W.M.P.

No.9219 of 2023 in W.P. No.8258 of 2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the third respondent to consider and pass orders on the petitioner's representation dated 1/4

04.07.2022 within the stipulated time fixed by this Court on merits and as per law.

For Petitioner : Ms.Jayashree Baskar For Respondents : Mr.P.Sathish, Additional Government Pleader

ORDER

Heard Ms.Jayashree Baskar, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for the respondents.

2.The petitioner herein had given a representation to the respondents on 04.07.2022 for inclusion of his patta land in UDR Scheme. 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 2/4

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 fourth respondent herein to consider the petitioner's representation dated 04.07.2022, 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 eight weeks from the date of receipt of a copy of this order.

5.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. 3/4

M.S.RAMESH,J.

vga 6.With the above direction, the Writ Petition stands disposed of. No costs.

17.04.2023 Index:Yes/No Speaking order/Non-speaking order vga To 1.The District Collector, Villupuram.

2.Revenue Divisional Officer, Villupuram.

3.Tahsildar, Vikkiravandi, Villupuram.

4.District Revenue Officer, Villupuram, Villupuram District.

4/4