N.Rajendiran v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH N. Rajendiran ... Petitioner Vs.

1.The District Collector, Ranipet District, Ranipet.

2.The District Revenue Officer, Ranipet Division, Ranipet.

3.The Tahsildar, Sholingur Taluk, Sholingur, Ranipet District.

4.The Village Administrative Officer, Ayal Village & Post, Sholingur Taluk, Ranipet District.

... Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 20.02.2023 to declare petitioner's right to use S.No.293A of Ayal Village and pass orders within a time frame fixed by this Court.

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For Petitioner : M/s.S. Kaithamalaikumaran For Respondents : Mr.V. Veluchamy, Additional Government Pleader

ORDER

Mr.V. Veluchamy, 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. The petitioner herein had given representation to the respondents on 20.02.2023, seeking to declare his right to use S.No.293A, Ayal Village. Since the said representation was not considered, the present Writ Petition has been filed.

3. It is needless to point out that whenever 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, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its 2/4

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 20.02.2023, on its own merits and pass appropriate orders in accordance with law, within a period of twelve (12) 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. 21.03.2023 Speaking/Non-speaking Order Index: Yes/No Internet: Yes/No Sni 3/4

M.S.RAMESH, J.

Sni To 1.The District Collector, Ranipet District, Ranipet.

2.The District Revenue Officer, Ranipet Division, Ranipet.

3.The Tahsildar, Sholingur Taluk, Sholingur, Ranipet District.

4.The Village Administrative Officer, Ayal Village & Post, Sholingur Taluk, Ranipet District.

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