S.Prakash Chouthry v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.07.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.14990 of 2017 S. Prakash Chouthry ... Petitioner vs.
1.The District Collector, Office of the District Collector, Krishnagiri District.
2. The District Revenue Officer, Office of the District Revenue Officer Krishnagiri Taluk and District.
3. The Tahsildar, Office of the Tahsildar, Krishnagiri Taluk and District.
4 The Revenue Divisional Officer, Krishnagiri Taluk and District.
(Suo moto impleaded as R4 as per order dated 14.07.2020 in W.P.No.14990/2017) ... Respondents Writ Petition filed under Article 226 of the Constitution of India for issuing a Writ of Mandamus directing the respondents 1 and 2 to consider the petitioner's representation dated 31.12.2016.
For Petitioner: Mr.K.Mahalingam for M/s. Mukund Rao For Respondents: Ms. A. Mathumathi, Special Govt.Pleader - for R1 to R4
O R D E R
The petitioner has filed the above Writ Petition to issue a Writ of Mandamus directing the respondents to consider the petitioner's representation dated 31.12.2016.
2. Ms.A.Mathumathi, learned Special Government Pleader appearing for the respondents submitted that the authority to consider the petitioner's representation is the Revenue Divisional Officer, Krishnagiri District, however, Revenue Divisional Officer was not made as a party in the present Writ Petition.
3. In view of the submission made by the learned Special Government Pleader, this court suo moto implead the Revenue Divisional Officer as 4th respondent in the Writ Petition.
4. The learned Special Government Pleader appearing for the respondents submitted that a direction may be given to the Revenue Divisional Officer to pass orders on the petitioner's representation dated 31.12.2016 in accordance with law.
5. Learned counsel appearing for the petitioner submitted that in spite of the fact that the petitioner has given his representation as early as on 31.12.2016, the respondents have not passed any order so far.
6.Having regard to the submissions made by the learned counsel on either side and also taking into consideration the limited prayer sought for in the Writ Petition, without expressing any opinion with regard to the merits of the case, I give liberty to the petitioner to submit a fresh representation to the Revenue Divisional Officer, Krishnagiri District, within two weeks from the date of receipt of a copy of this order and on receipt of the same, the Revenue Divisional Officer, Krishnagiri District is directed to consider the petitioner's representation and pass orders, on merits and in accordance with law, within a period of twelve weeks thereafter.
With these observations, the Writ Petition is disposed of. No costs.
-s/d- Assistant Registrar True Copy Sub-Assistant Registrar Rj
To
1. The District Collector, Office of the District Collector, Krishnagiri District.
2. The District Revenue Officer, Office of the District Revenue Officer Krishnagiri Taluk and District.
3. The Tahsildar, Office of the Tahsildar, Krishnagiri Taluk and District.
4 The Revenue Divisional Officer, Krishnagiri Taluk and District.
+1 CC to The Government Pleader sr 24718.
W.P.No.14990 of 2017 MP(CO) SP(04/08/2020)