Natarajan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH and W.M.P.No.9015 of 2023 K. Natarajan ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Vellore District, Vellore.

2.The District Revenue Officer, Office of the Revenue Divisional Officer, Vellore District, Vellore.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gudiyattam, Vellore District.

4.The Tahsildar, Office of the Tahsildar, 1/6

5.The Village Administrative Officer, K. Mottur Village, Kallapadi Panchayat, 6.The Forest Range Officer, Gudiyattam, ... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 5 to give a patta in petitioner's name to the properties situated in S.No.254, to an extent of 60 cents, K.Mottur Village Account, Kallapadi Post, Gudiyattam Taluk, Vellore District, after rectifying the wrong entries made as Forest promboke and forest road in revenue records.

For Petitioner : Mr.A. Gouthaman For Respondents : Mr.R.P. Murugan Raja, Additional Government Pleader

ORDER

Mr.R.P. Murugan Raja, learned Additional Government Pleader, takes notice for the respondents. With the consent of both the parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2/6

2. The petitioner herein had given representations to the respondents on 10.08.2022 and 04.03.2023, seeking for issuance of patta. Since the said representations were not considered, the present Writ Petition has been filed.

3. It is needless to point out that whenever representations 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 representations 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 the 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 respondents herein, to consider the petitioner's representation dated 10.08.2022 and 04.03.2023, on its own merits 3/6

and pass appropriate orders in accordance with law, within a period of eight (8) 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 respondents to consider the same on its own merits.

5. With the above direction, the Writ Petition stands ordered. No costs. Connected miscellaneous petition is closed. 21.03.2023 Speaking/Non-speaking Order Index: Yes/No Internet: Yes/No Sni 4/6

To 1.The District Collector, Office of the District Collector, Vellore District, Vellore.

2.The District Revenue Officer, Office of the Revenue Divisional Officer, Vellore District, Vellore.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Gudiyattam, 4.The Tahsildar, Office of the Tahsildar, 5.The Village Administrative Officer, K. Mottur Village, Kallapadi Panchayat, 6.The Forest Range Officer, Gudiyattam, 5/6

M.S.RAMESH, J.

Sni 21.03.2023 6/6