X.Ruth Kalaiselvi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8488 of 2018 X.Ruth Kalaiselvi ... Petitioner vs.

1. The District Collector, Tiruchirapalli District.

2. The Tahsildhar, Thiruverumbur Taluk, Tiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to consider the representation of the petitioner dated 11.10.2017 and consequently grant patta to the petitioner in respect of her property bearing plot no. 58 and 65 comprised in survey no.56/1A and 56/3A ad measuring an extent of 2800 square feet situated at Palangaanankudi Village, Thiruverumbur Sub Registration Officer, Thiruverumbur Taluk, Tiruchirapalli District. For Petitioner : Mr.J.Maria Roseline For Respondents : Mr.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.Gunaseelan Muthiah, 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 her representation dated 11.10.2017 seeking to grant patta in respect of her property bearing plot no. 58 and 65 comprised in survey no.56/1A and 56/3A ad measuring an extent of 2800 square feet situated at Palangaanankudi Village, Thiruverumbur Sub Registration Officer, Thiruverumbur Taluk, Tiruchirapalli District, has not been considered 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 consider the same in one https://hcservices.ecourts.gov.in/hcservices/

way or the other. Non-consideration 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 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 second respondent to consider the petitioner's representation dated 11.10.2017 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 done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The District Collector, Tiruchirapalli District.

2. The Tahsildhar, Thiruverumbur Taluk, Tiruchirappalli District.

+1cc to M/S.J.Maria Roseline, Advocate SR.No. 61876 +1cc to Special Government Pleader, SR.No. 62179 W.P.(MD) No.8488 of 2018 18.04.2018 aav JM/JC/SAR 1/14.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/