Kanthamani v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Kanthamani ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Karur District, Karur.

3. The Tahsildar, Manmangalam Taluk Office, Manmangalam Taluk, Karur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 2nd respondent herein to issue the patta to the petitioner for the petitioner's house property in Door No.5/116 in Survey No.334 to an extent of 2500 Sq.Feet situated at Sankarampalayam, Minnampalli Village, Manmangalam Taluk, Karur District, based on petitioner's representations dated 20.06.2024 and 18.07.2024 . 1/5

For Petitioner : Mr.G.Gomathisankar For Respondent : Mr.M.Muthumanickam Government Advocate

ORDER

Mr.M.Muthumanickam, learned Government Advocate takes notice for the respondents. 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 respondent herein to issue the patta to the petitioner for the petitioner's house property in Door No.5/116 in Survey No.334 to an extent of 2500 Sq.Feet situated at Sankarampalayam, Minnampalli Village, Manmangalam Taluk, Karur District, based on petitioner's representations dated 20.06.2024 and 18.07.2024."

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 representations on 20.06.2024 and 18.07.2024 respectively to the respondents to issue patta to the petitioner for his house property comprised in Survey No.334. Since the same was not considered, the present writ petition came to be filed.

5. 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.

6. Without going into the merits of this case, this Court hereby direct the respondents to consider the representation made by the petitioner and pass appropriate orders in accordance with law, within a period of eight (8) weeks from the date of receipt of a copy of this order. 3/5

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

1. The District Collector, Karur District, Karur.

2. The Revenue Divisional Officer, Karur District, Karur.

3. The Tahsildar, Manmangalam Taluk Office, Manmangalam Taluk, Karur District.

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L.VICTORIA GOWRI, J.

jbr Order made in Dated 20.01.2025 5/5