R.Siva.Vijayakumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10082 of 2018 R.Siva. Vijayakumar ... Petitioner vs.

1. The District Collector Madurai

2. The District Revenue Officer Melur Taluk At having office Othakadai, Madurai

3. The Tahsildhar Madurai Taluk South Madurai

4. The Village Administrative Officer Madurai Taluk South, Madurai

5. The Village Assistant (Thalaiyari) Madurai Taluk South, Madurai ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to dispose the petitioner's representation, dated 20.04.2018 in accordance with law under Section 10 of the Tamil Nadu Patta Transfer Act and Rules, within a stipulated time. For Petitioner :

Mr.P.Arumugam For Respondents :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.

It is the grievance of the petitioner that his representation dated 20.04.2018 seeking for issuance of a fresh Patta after rectification of revenue records and resurvey of his https://hcservices.ecourts.gov.in/hcservices/

property, has not been disposed by the respondents till date and therefore, he has filed the present writ petition.

4. 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 dispose the same in one way or the other. Non-disposal 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 the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to dispose the petitioner's representation dated 20.04.2018 on its own merits, 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 matter.

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

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Madurai.

2. The District Revenue Officer, Melur Taluk, having office at Othakadai, Madurai.

3. The Tahsildhar,Madurai Taluk South, Madurai.

4. The Village Administrative Officer, Madurai Taluk South, Madurai.

5. The Village Assistant (Thalaiyari), Madurai Taluk South, Madurai.

+1 cc to M/S.P.Arumugam, Advocate,IN SR No. 64388 W.P.(MD) No.10082 of 2018 28.04.2018 krk PK/RSK-SKN/SAR-4/23.05.2018 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/