Gopal, S/O.Mamundi Chettiyar v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8208 of 2018 Gopal ... Petitioner vs.
1.The Revenue Divisional Officer Kulithalai, Karur District 2.The Tahsildar Kulithalai Taluk Karur 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 consider the representation of the petitioner dated 9th March 2018 and dispose of the same within a stipulated time after providing an opportunity of hearing to the petitioner and to the parties concerned, if any.
For Petitioner :
Mr.RM.Sivakumar For Respondents :
Mr.N.Shanmuga Selvam Additional Government Pleader
O R D E R
Mr.N.Shanmuga Selvam, learned Additional Government Pleader, 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 09.03.2018 seeking for issuance of Patta in his favour in respect of the property comprised in Natham Survey No.71/3, New Survey No.648/11 of Vadasery Village, Kulithalai Taluk, Karur District, has not been considered by the first respondent 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 consider the same in one way or the other. Non-consideration of the same would amount to https://hcservices.ecourts.gov.in/hcservices/
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.
5. 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 representation dated 09.03.2018 on its own merits and pass appropriate orders, 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 other legal heirs of Late.Mamundi Chettiyar.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To:
1.The Revenue Divisional Officer, Kulithalai, Karur District.
2.The Tahsildar, Kulithalai Taluk, Karur District.
+1cc to Mr.RM.Sivakumar, Advocate, SR.No.61485 W.P.(MD) No.8208 of 2018 16.04.2018 krk RAM JM/RSK/SAR 1/02.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/