Madras High CourtWP/9808/2023disposed of

A.Noorjahan v. The Commissioner Of Land Administration

2023-03-30Honourable Mr Justice M.S. Ramesh6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH A. Noorjahan ... Petitioner Vs.

1.The Commissioner of Land Administration, Ezhilagam, Chepuak, Chennai - 600 005.

2.The District Collector, Coimbatore District, Coimbatore.

3.The District Revenue Officer, (North) Goundampalayam, Coimbatore.

4.The District Revenue Officer, (South) Goundampalayam, Coimbatore.

5.The Revenue Divisional Officer, Coimbatore North, Coimbatore.

6.The Revenue Divisional Officer, Coimbatore South, Coimbatore.

7.The Assistant Settlement Officer (South), Settlement Officer's Office, 3rd floor, Survey House, Chepauk, Chennai - 600 005.

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8.The Tahsildar, Coimbatore (North), Coimbatore - 18.

9.The Tahsildar, Coimbatore (South), Coimbatore District.

10.The Tahsildar, O/o Tahsildar Office, Mettupalayam, Coimbatore District.

11.The Tahsildar, Annur Taluk, Annur, Coimbatore District.

12.The Tahsildar, Perur, Coimbatore 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 conduct an enquiry and pass orders on merits on petitioner's representation dated 17.08.2022 based on the letter No.R1/3067037/2022 dated 07.09.2022 on the file of the first respondent, within the time frame to be fixed by this Court.

For Petitioner : Mr.B. Manimaran For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader 2/6

ORDER

Mr.Yogesh Kannadasan, learned Special Government Pleader, takes notice for the respondents. With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had given a representation to the respondents on 17.08.2022, seeking for cancellation of illegal pattas and for issuance of patta in her favour along with other legal heirs. Subsequently, the first respondent herein through his letter dated 07.09.2022, directed the District Revenue Officer to initiate necessary action on the petitioner's representation. Since there was no further progress in the same, 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 them 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 3/6

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 District Revenue Officer, to consider the petitioner's representation dated 17.08.2022, 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 (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 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 Speaking/Non-speaking Order Index: Yes/No Sni 4/6

To 1.The Commissioner of Land Administration, Ezhilagam, Chepuak, Chennai - 600 005.