B.Thanasekaran, v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8735 of 2018 B. Thanasekaran ... Petitioner vs.

1. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3. The Tahsildhar Ramanathapuram District, Ramanathapuram.

4. The District Registrar, Ramanathapuram District, Ramanathapuram.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fourth respondent to consider petitioner's representation dated 13.02.2018.

For Petitioner : Mr.N.Saravanan For Respondents No.1 to 3 : Mr.V.Anand Government Advocate and No.4 : Mr.Murugan Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents 1 to 3, Mr.Murugan learned Government Advocate, takes notice for the fourth respondent.

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 is that his representation to the fourth respondent dated 13.02.2018 seeking forbearing the respondents from creating any encumbrance in the land comprised in the survey No.494/3B, Kattuparamakudi (Thelichathanallur) Ramanathapuram District has been kept pending which insisted him to file 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 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 fourth respondent to consider the petitioner's representation dated 13.02.2018 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 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.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:

1. The District Revenue Officer, Ramanathapuram District, Ramanathapuram.

2. The Revenue Divisional Officer, Ramanathapuram District, Ramanathapuram.

3. The Tahsildhar Ramanathapuram District, Ramanathapuram.

4. The District Registrar, Ramanathapuram District, Ramanathapuram.

+1cc to Mr.N.SARAVANAN, Advocate Sr.No.63145 +1cc to Spl.Government Pleader, Sr.No. 62778 aav vb/rsk/sar2/2p/7c/18/05/2018 W.P.(MD) No.8735 of 2018 20.04.2018 https://hcservices.ecourts.gov.in/hcservices/