Baby v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.Mrs.Baby 2.Mrs.Valliyammal 3.Mrs.Sangeetha 4.Mrs.Pappathi 5.Mrs.Dhanalakshmi 6.Mrs.Sangeetha 7.Mrs.Karthika 8.Mrs.Selvi 9.Mrs.Deivanai 10.Mrs.Parvathy 11.Mrs.Baby 12.Mrs.Sangeetha
...Petitioners
Vs
1. The District Collector, Tiruppur, Tiruppur District.
2. The District Adi Dravidar Welfare Officer, Office of the District Collector, Tiruppur District.
3. The Special Tahsildar, Adi Dravidar Welfare Department, Tiruppur District.
4. The Village Administrative Officer, Iduvai Village, Tiruppur (South)
...Respondents
1/4
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to consider their representation dated 06.03.2023 and consequently direct the third respondent to issue patta to the petitioner as well as 11 others. For Petitioners : Mr.R.Mansoor Ilahi For Respondents : Ms.Akila Rajendran Government Advocate
ORDER
By consent of both sides, the main writ petition has been taken up for final hearing.
2. The petitioners herein have given a representation to the first respondent on 06.03.2023 seeking for issuance of free house site patta. 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 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 2/4
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 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 first respondent herein to consider the petitioners representation dated 06.03.2023 on its own merits and pass appropriate orders in accordance with law, within a period of three months from the date of receipt of a copy of this order, after giving opportunity to all the concerned parties. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioners and that it is open to the first respondent to consider the same on its own merits.
5. With the above direction, the Writ Petition stands disposed of. No costs.
19.04.2023 2/2 Index:Yes/No Speaking order/Non-speaking order sr 3/4
M.S.RAMESH,J.
sr To
1. The District Collector, Tiruppur, Tiruppur District.
2. The District Adi Dravidar Welfare Officer, Office of the District Collector, Tiruppur District.
3. The Special Tahsildar, Adi Dravidar Welfare Department, Tiruppur District.
4. The Village Administrative Officer, Iduvai Village, Tiruppur (South) 2/2 19.04.2023 4/4