Madras High CourtWP(MD)/8126/2018disposed of

P.Karuppiah v. The Revenue Divisional

2018-04-13Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8126 of 2018 P.Karuppiah ... Petitioner Vs.

1.The Revenue Divisional Officer, Melur, Y.Othakadai, Madurai District.

2.The Tahsildar, Melur, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose the petitioner's appeal made in Na.Ka.No.8265/2017/A1 dated 04.12.2017 within stipulated time to be fixed by this Court.

For Petitioner : Mr.SP.Vijay Nivas For Respondents : Mr.N.Shanmuga Selvam, Additional 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 his appeal dated 04.12.2017 seeking cancellation of present individual patta has not been disposed of by the first 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 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 first respondent to consider the petitioner's appeal dated 04.12.2017 on its own merits and take further action in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. https://hcservices.ecourts.gov.

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

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Revenue Divisional Officer, Melur, Y.Othakadai, Madurai District.

2.The Tahsildar, Melur, Madurai District.

+1CC to Mr.SP. Vijay Nivas, Advocate, SR.No.61184 Myr RL/4C/2P/KK/SAR1/25/4/2018 W.P.(MD)No.8126 of 2018 13.04.2018 https://hcservices.ecourts.gov.in/hcservices/