P.Gunasekaran v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2175 of 2018 P.Gunasekaran ... Petitioner vs.

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Periyakulam.

3. The Tahsildar, Taluk Office, Andipatti.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to dispose the petitioner's representation dated 26.09.2016 given to the 1st respondent and forwarded to the 3rd respondent through the second respondent in accordance with law and within a stipulated time frame as directed by this Court. For Petitioner : Mr.P.Sivachandran For Respondents: Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Heard Mr.P.Sivachandran, learned counsel appearing for the petitioner and Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader appearing for the respondents. 2.It is the grievance of the petitioner, seeking to dispose the petitioner's representation dated 26.09.2016 given to the 1st respondent and forwarded to the 3rd respondent through the second respondent, has not been disposed by the respondents till date and therefore, he has filed the present writ petition. 3.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this https://hcservices.ecourts.gov.in/hcservices/

nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to dispose of the petitioner's representation within a stipulated time.

4. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to dispose of the petitioner's representation dated 26.09.2016, on its own merits and take further action in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons who may be interested in the subject matter.

5. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I) To:

1. The District Collector, Theni District, Theni.

2. The Revenue Divisional Officer, Periyakulam.

3. The Tahsildar, Taluk Office, Andipatti.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 77472 SJI TE/KAK/SAR-1 : 29/08/2018 : 2P/5C W.P.(MD) No.2175 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/