Mohan Arunachalam, v. The District Revenue 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.8260 of 2018 and W.M.P.(MD)No.7836 of 2018 Mohan Arunachalam ... Petitioner Vs.

1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi Revenue Division, Tenkasi, Tirunelveli District.

3.The Tahsildar, Sivagiri Taluk, Sivagiri, Tirunelveli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing this 3rd respondent to transfer the pattadar names for the house site of 627 sq.ft in T.S.No.459/11 in 5th Ward Vellanaikottai in Subramaniapuram Village, in Sivagiri Taluk, in Tirunelveli District.

For Petitioner :

Mr.F.X.Eugene For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader.

ORDER

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 petitioner's representation dated 12.12.2017, seeking mutation of the revenue accounts in favour of the legal heirs of the petitioner's father, has not been considered by the third respondent till date and therefore, has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

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 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. 5.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 12.12.2017 on its own merits and take further action in accordance with law, within a period of six 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.

6.With the above direction, this writ petition is disposed of. No costs. Consequently, W.M.P.(MD)No.7836 of 2018 is closed. Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi Revenue Division, Tenkasi, Tirunelveli District.

3.The Tahsildar, Sivagiri Taluk, Sivagiri, Tirunelveli District.

+1cc to Mr.F.X.Eugene, Advocate, SR.No.61791. W.P.(MD)No.8260 of 2018 16.04.2018 ta RAM/SV MMS/SAR 4/04.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/