Francis Mary v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8477 of 2018 Francis Mary ... Petitioner vs.

1. The Revenue Divisional Officer, Palani, Dindigul District.

2. The Tahsildhar, Palani Taluk Office, Palani, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to issue separate Patta in the petitioner's name based on the petitioner's representation dated 27.03.2018. For Petitioner : Mr.A.D.Ganesha Moorthi For Respondents : Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special 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 27.03.2018 seeking to issue separate Patta in his name, 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 27.03.2018 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(CO) /True copy/ Sub Assistant Registrar To:

1. The Revenue Divisional Officer, Palani, Dindigul District.

2. The Tahsildhar, Palani Taluk Office, Palani, Dindigul District.

+1CC TO Mr.A.D.Ganesha Moorthi, Advocate, Sr No.61845 W.P.(MD) No.8477 of 2018 18.04.2018 aav AM/RSK/SAR-1/24.04.2018/2P.4C https://hcservices.ecourts.gov.in/hcservices/