Nagoorammal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

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

1. The District Collector, Thanjavur District, Thanjavur.

2. The Tahsildar, Pattukkottai Taluk, Pattukkottai.

Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 2nd respondent to issue separate patta in favour of the petitioner's wife namely Nagoorammal in Survey Nos. 68B/27, 68B/11B and 68B/11A situated at Alathur Village, Pattukkottai Taluk, Thanjavur District based on the petitioner's representation / application dated 19.07.2023 within a time frame fixed by this Court. For Petitioner : Mr.D.R.Murugesan For Respondents : Mr.M.Muthumanickam, Government Advocate.

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ORDER

This writ petition has been filed seeking for a direction to consider the petitioner's representation dated 19.07.2023 seeking to direct the second respondent to issue separate patta in favour of the petitioner's wife namely Nagoorammal in Survey Nos. 68B/27, 68B/11B and 68B/11A situated at Alathur Village, Pattukkottai Taluk, Thanjavur District.

2. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner has made a representation on 19.07.2023 to issue separate patta in favour of the petitioner's wife namely Nagoorammal in Survey Nos. 68B/27, 68B/11B and 68B/11A situated at Alathur Village, Pattukkottai Taluk, Thanjavur District. Since the same has not been considered, this writ petition has been filed.

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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. In view of the same, this Court, without going into the merits of the case, hereby direct the respondents to consider the petitioner's representation dated 19.07.2023 and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

20.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Thanjavur District, Thanjavur.

2. The Tahsildar, Pattukkottai Taluk, Pattukkottai.

Thanjavur District.

Order made in Dated:

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