Madras High CourtWP(MD)/2317/2018disposed of

Mahalingam, v. The Block Development Officer

2018-07-26Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.2317 of 2018 Mahalingam ... Petitioner vs.

1. The Block Development Officer, Srivilliputhur Taluk, Virudhunagar District.

2. The Executive Officer, Padikkasuvaithanpatti panchayat Union, Srivilliputhur Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to receive the kist from the petitioner and issue kist receipt in respect of the property consists of survey No.262/2 part Natham Resurvey No.360/12 and Survey No.360/13 of an extent 370 sq.meet is situated at Inam Karisalkulam, Padikasuvaithanpatti Village, Srivilliputhur, Virudhunagar District based on the petitioner's representation dated 10.11.2017. For Petitioner : Mr. R.Niresh Kumar For Respondents : Mr. M.Rajarajan Government Advocate

O R D E R

The grievance of the petitioner that his representation dated 10.11.2017, seeking to receive the kist receipt, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

2. 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 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 consider the petitioner's representation within a stipulated time.

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3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 10.11.2017, on its own merits and take further action in accordance with law, within a period of three 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 as well as to any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Block Development Officer, Srivilliputhur Taluk, Virudhunagar District.

2. The Executive Officer, Padikkasuvaithanpatti panchayat Union, Srivilliputhur Taluk, Virudhunagar District.

+1cc to Mr. R.Niresh Kumar, Advocate SR.No.75591 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.75322 Das MK/SKN/SAR 3/07.08.2018/2P/5C W.P.(MD) No.2317 of 2018 26.07.2018 https://hcservices.ecourts.gov.in/hcservices/