P.Tamilarasan v. The Thasildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Tamilarasan

...Petitioner

Vs 1.The Thahsildar, Office of the Thahsildar, Pappireddipatti, Dharmapuri District.

2.The Revenue Divisional Officer, Office of RDO, Harur, Dharmapuri District.

3.The District Collector, Collectorate, Dharmapuri District.

...Respondents

(R3 impleaded vide order dated 30.03.2023 in WMP.No.9981 of 2023 in WP.No.8727 of 2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 1st respondent to consider the petitioner's representation dated 13.02.2023 to assign any Government Tharisu Lands reserved for Scheduled Caste or the land in Survey No.190/1 to an extent of 0.52.0 ares situated in Pilparuthi Revenue Village, Pappireddipatti Taluk, Dharmapuri District, based on the order in Na.Ka.No.691/2022/A2 dated 17.02.2023. 1/4

For Petitioner : Mr.S.Arokia Maniraj For Respondents : Mr.P.Sathish Additional 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 1 and 2 on 13.02.2023 to provide Government Tharisu Lands to the petitioner under the provisions of the Revenue Board Standing Orders. 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 2/4

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 respondents herein to consider the petitioner's representation dated 13.02.2023 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 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.

30.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Thahsildar, Office of the Thahsildar, Pappireddipatti, Dharmapuri District.

2.The Revenue Divisional Officer, Office of RDO, Harur, Dharmapuri District.

3.The District Collector, Collectorate, Dharmapuri District.

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