K.Singaravelan v. The Land Administrative Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.NO.14055 OF 2022 K.Singaravelan ... Petitioner .Vs.

1. The Land Administrative Commissioner, Land Administrative Commissionerate, Chepauk, Chennai.

2. The District Collector, Tiruppur District, Tiruppur.

3. The Revenue Divisional Officer, Tiruppur.

4. The Tahsildar, Tiruppur South, Tiruppur District.

5. The Commissioner, Tiruppur City Corporation, Tiruppur District.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to reclassify the land in Town Survey No.26/14/1 and block No.235/1 situated at Ambedkar Nagar, Tiruppur City as Government Poramboke and subsequently issue patta in favour of the petitioner pursuant to the petitioner representation dated 11.04.2022.

For Petitioner : Mr.M.Subash For Respondents : Mr.P.Ganesan Government Advocate For R1 to R4

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 respondents on 11.04.2022 to reclassify the land in Town Survey No.26/14/1 and block No.235/1 situated at Ambedkar Nagar, Tiruppur City as Government Poramboke and subsequently issue patta in his favour. 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 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 third 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(T & P) (Vacation Officer) //True Copy// Sub Assistant Registrar jeni

To 1.

The Land Administrative Commissioner, Land Administrative Commissionerate, Chepauk, Chennai.

2.

The District Collector, Tiruppur District, Tiruppur.

3.

The Revenue Divisional Officer, Tiruppur.

4.

The Tahsildar, Tiruppur South, Tiruppur District.

5.

The Commissioner, Tiruppur City Corporation, Tiruppur District.

W.P.NO.14055 OF 2022 PMK(CO) PBS/17/06/2022