S.Naresh Kumar v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2022 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.No.14061 of 2022 S.Naresh Kumar S/o. Late Sivalingam,

...Petitioner

Vs.

1.The Tahsildar, O/o. Gingee Taluk Office, Villupuram District.

2.The Village Administrative officer, Aaviur Village, Gingee Taluk, Villupuram District.

...Respondents

PRAYER : Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ order or direction in the like nature of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 11.04.2022.

For Petitioner :

Mr.T.Elumalai For Respondents :

Mr.F.Veda Bagath Singh A.G.P.

ORDER

By 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 to the first respondent dated 11.04.2022, to change the names in the patta revenue document No.233 in favour of the petitioner, his mother and his sister. 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 https://hcservices.ecourts.gov.in/hcservices/

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 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 first respondent herein to consider the petitioner's representation dated 11.04.2022 on its own merits and pass appropriate orders in accordance with law, within a period of three (3) 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(CCC) // True Copy // Sub Assistant Registrar kas/jeni To 1.The Tahsildar, O/o. Gingee Taluk Office, Villupuram District.

2.The Village Administrative officer, Aaviur Village, Gingee Taluk, Villupuram District.

+1cc to Mr.T.Elumalai, Advocate Sr.No.32642 W.P.No.14061 of 2022 MT(CO) RVM(17/06/2022) https://hcservices.ecourts.gov.in/hcservices/