M. Sekar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M. Sekar ... Petitioner Vs

1. The District Collector, Office at District Collectorate, Madurai.

2. The District Revenue Officer, Office at District Collectorate, Madurai.

3. The Revenue Divisional Officrr, Office Melur, Madurai District.

4. Jothibasu,

5. Karuppasamy ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd and 3rd respondents herein to consider petitioner's representation dated.05.10.2023 seeking to delete the wrong entry of 3rd and 4th respondents in the UDR patta 552 and 5548 and in the light of letter in O.Mu.No.2653715/2024/G5 dated.18.11.2024 issued by the 2nd respondent within time frame as may be fixed by this Court. 1/5

For Petitioner : Mr.S. Ramakrishnan For R-1 to R-3 : Mr.A.Kannan

ORDER

Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents No.1 to 3. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus,to direct the 2nd and 3rd respondents herein to consider petitioner's representation dated. 05.10.2023 seeking to delete the wrong entry of 3rd and 4th respondents in the UDR patta 552 and 5548 and in the light of letter in O.Mu.No.2653715/2024/G5 dated.18.11.2024 issued by the 2nd respondent within time frame as may be fixed by this Court."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

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4. The petitioner has made a representation on 05.10.2024 to the second respondent seeking to delete the wrong entry in the patta vide No.552 and 5548. Since the same was not considered, the present writ petition came to be filed.

5. Considering the limited scope of the relief sought for by the petitioner herein, notice to the fourth and fifth respondents are dispensed with.

6. 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 respondent 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, nonconsideration of the representation made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India.

7. Without going into the merits of this case, this Court hereby direct the third respondent to consider the representation made by the petitioner and pass appropriate orders in accordance with law, within a period of eight (8) weeks 3/5

from the date of receipt of a copy of this order, after putting notice on the respondents No.4 and 5 and other interested parties and after giving them an opportunity of hearing.

8. Accordingly, this Writ Petition stands disposed of. No costs. 20.01.2025 NCC : Yes / No Index : Yes / No jbr TO:-

1. The District Collector, Office at District Collectorate, Madurai.

2. The District Revenue Officer, Office at District Collectorate, Madurai.

3. The Revenue Divisional Officrr, Office Melur, Madurai District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 20.01.2025 5/5