Uma, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7552 of 2018 Uma ... Petitioner vs.

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Thasildhar, Karambakudi Taluk, Pudukkottai, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to grant patta in favour of the petitioner in respect of S.F.No.229/16 in Karambakudi Village, Karambakudi Taluk, Pudukottai District which is classified as " Natham Poramboke Land" being in her peaceful possession and enjoyment for the past 33 years considering the representation made by petitioner on 22.02.2018. For Petitioner : Mr.A.Banumathy For Respondents : Mr.S.Nagarajan Special Government Pleader

O R D E R

It is the grievance of the petitioner that her representation dated 22.02.2018 seeking to grant patta in favour of him in respect of S.F.No.229/16 in Karambakudi Village, Karambakudi Taluk, Pudukottai District which is classified as " Natham Poramboke Land", has not been considered by the respondents till date and therefore, she 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. https://hcservices.ecourts.gov.in/hcservices/

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 02.01.2018 on its own merits and take further action in accordance with law, within a period of eight 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 persons who may be interested in the subject property.

4. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Pudukkottai, Pudukkottai District.

2. The Thasildhar, Karambakudi Taluk, Pudukkottai, Pudukkottai District.

+1cc to M/S.A.Banumathy, Advocate SR.No. 62811 W.P.(MD) No.7552 of 2018 23.04.2018 aav JM/KKR/SAR 4/16.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/