K.Senthamarai v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.4.2023 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Senthamarai

...Petitioner

Vs 1.The District Collector, Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer, Tambaram Revenue Division, Tambaram, Chennai.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent to consider the petitioner's representation dated 06.03.2023 for correction of mistake in S.No.178/5 and grant patta in respect of grama natham of the petitioner's land situated in S.No.178(5) measuring to an extent of 0.144 sq.mt. (old No.137/1) Pazhiya Natham, Kannivadu Village, Vandalur Taluk submitted as per orders of the Collector in Na.Ka.No.13398/2022/ B3 dated 14.02.2023.

For Petitioner : Mr.K.R.Krishnan For Respondents : Mr.V.Veluchamy, Additional Government Pleader 1/4

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 dated 06.03.2023 to the second respondent seeking to correct the mistake in S.No.178/5 and grant patta in respect of the petitioner's land situated in S.No.178(5) measuring to an extent of 0.144 sq.mt. (old No.137/1) Pazhiya Natham, Kannivadu Village, Vandalur Taluk submitted pursuant to the orders of the Collector in Na.Ka.No.13398/2022/B3 dated 14.02.2023. Since the said representation has not yet been considered, the above 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 him to consider the same within a stipulated time.

4. In the light of the above observations, there shall be a direction to the second respondent herein to consider the petitioner's representation dated 06.03.2023, 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 eight 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.

12.4.2023 Index:Yes/No Speaking order/Non-speaking order RS/hvk 3/4

M.S.RAMESH,J.

RS/hvk To 1.The District Collector, Chengalpet District, Chengalpet.

2.The Revenue Divisional Officer, Tambaram Revenue Division, Tambaram, Chennai.

12.4.2023 4/4