Saraswathi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8120 of 2018 Saraswathi ... Petitioner Vs.

1. The District Collector, Dindigul, Dindigul District.

2. The Revenue Divisional Officer, Dindigul, Dindigul District.

3. The Tahsildar, Tahsildar Office East, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to consider petitioner's last representation dated 07.09.2016 respectively and consequently to issue patta for our property situated at Survey No.94, Door No.4089, Itchimarathupatty, Thoottanoothu Panchayat, Dindigul District within stipulated time framed by this Court.

For Petitioner : Mr.S.Muthukumar For Respondents : Mr.S.Nagarajan, Special Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioner that her representation dated 07.09.2016 seeking issuance of patta in her favour has not been considered by the third respondent till date and therefore, 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 nature is made, the respondents are duty bound to consider the same in one way or other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such https://hcservices.ecourts.gov.in/hcservices/

this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider 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 consider the petitioner's representation dated 07.09.2016 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 made, after giving notice to the petitioner and any other persons, who may be interested in the subject property.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Dindigul, Dindigul District.

2. The Revenue Divisional Officer, Dindigul, Dindigul District.

3. The Tahsildar, Tahsildar Office East, Dindigul District.

+1cc to Mr.S,Muthukumar Advocate in SR.NO.61177 Myr MV:RSK:SAR4:26/04/2018/2P/5C W.P.(MD)No.8120 of 2018 13.04.2018 https://hcservices.ecourts.gov.in/hcservices/