Seenivasamurthi v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 03.06.2022

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH W.P.NO.13867 OF 2022 Seenivasamurthi

...Petitioner

Vs

1. The Tahsildar, Soolagiri Taluk, Sollagiri, Krishnagiri District.

2. The Revenue Divisional Officer Office of the Sub-Collector, Hosur, Krishnagiri District.

... Respondents PRAYER:

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 03.05.2022 in the light of the recommendation made by the 1st respondent in Na.Ka.3112/2021(A2) dated 20.11.2021.

For Petitioner : Mr.C.Munusamy For Respondents : Mr.P.Ganesan Government Advocate

ORDER

By consent of both the parties, this writ petition is taken up for final disposal.

2. The petitioner herein had given a representation to the 2nd respondent on 03.05.2022, seeking correction in Patta, in the light of the recommendation made by the 1st respondent in Na.Ka.3112/2021(A2) dated 20.11.2021.

Since the said representation was not considered, the present writ petition has been filed.

3. It is needless to point out that whenever a https://hcservices.ecourts.gov.in/hcservices/

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, 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 1st respondent herein to consider the petitioner's representation dated 30.05.2022 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. 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.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar ars/sri To

1. The Tahsildar, Soolagiri Taluk, Sollagiri, Krishnagiri District.

2. The Revenue Divisional Officer Office of the Sub-Collector, Hosur, Krishnagiri District W.P.No.13867 of 2022 MT(CO) PM/21/06/2022 https://hcservices.ecourts.gov.in/hcservices/