Madras High CourtWP(MD)/5619/2018disposed of

S.Nehru v. The District Collectior

2018-04-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.5619 of 2018 S.Nehru ... Petitioner vs.

1. The District Collector, Virudhunagar District.

2) The District Revenue Officer, District Collectorate Office, Virudhunagar District.

3) The Tashildhar, Vembakkottai Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 1st & 2nd respondents to enter the name of 'Veerachinnammal Temple' instead of 'Temple' in all revenue records based on the enquiry report submitted by the 3rd respondent in Survey No.130/1 which is situated at Kanamjapatty, Vembakkottai Taluk, Virudhunagar District by considering the petitioner's representation dated 24.12.2016 within a time frame fixed by this Court. For Petitioner :Mr.J.Senthil Kumaraiah For Respondents :Mr.Gunaseelan Muthiah, Addl., Government Pleader

O R D E R

It is the grievance of the petitioner that his representation dated 24.12.2016 to the 1st & 2nd respondents to incorporate the name of 'Veerachinnammal Temple' instead of 'Temple' in all revenue records based on the enquiry report submitted by the 3rd respondent in Survey No.130/1 which is situated at Kanamjapatty, Vembakkottai Taluk, Virudhunagar District, has been kept pending, which necessitated the petitioner to file 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 https://hcservices.ecourts.gov.in/hcservices/

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.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the 1st & 2nd respondents to consider the petitioner's representation dated 24.12.2016 on its own merits and take further action in accordance with law, within a period of six 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 the 1st and 2nd respondents.

4. With the above direction, this Writ Petition is disposed of. No costs.

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

1. The District Collector, Virudhunagar District.

2) The District Revenue Officer, District Collectorate Office, Virudhunagar District.

3) The Tashildhar, Vembakkottai Taluk, Virudhunagar District.

+1cc to Mr.J.Senthil Kumaraiah,Advocate Sr.No.62053 STS VB/KKR/SAR1/14/05/2018/2P/4C Order in W.P.(MD) No.5619 of 2018 17.04.2018 https://hcservices.ecourts.gov.in/hcservices/