K.Kasirajan, v. The District Revenue Officer,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8873 of 2018 K.Kasirajan ... Petitioner vs.

1. The District Revenue Officer, Madurai District, Madurai.

2. The Revenue Divisional Officer, Madurai, Madurai.

3. The Tahsildar, Vadipatti Taluk, Madurai 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 dispose the petitioner's application dated 17.11.2017 seeking to rectify the mistake crept in during UDR survey by including his name in Patta No.789 of Bodinaickenpatti Village, Vadipatti Taluk, Madurai District as representing Bodinaickenpatti Vinayagar Temple as poojari within a stipulated time.

For Petitioner :

Mr.R.Subramanian 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 17.11.2017 seeking to rectify the mistake crept-in during UDR survey by including his name in Patta No.789 of Bodinaickenpatti Village, Vadipatti Taluk, Madurai District, has not been considered by the first respondent till date and therefore, he 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 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 first respondent to consider the petitioner's representation dated 17.11.2017on 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 matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To:

1. The District Revenue Officer, Madurai District, Madurai.

2. The Revenue Divisional Officer, Madurai, Madurai.

3. The Tahsildar, Vadipatti Taluk, Madurai District.

+1cc to Mr.R.Subramanian, Advocate Sr.No.62972 RMI/KRK VB/KKR/SAR1/15/05/2018/2P/5C W.P.(MD) No.8873 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 23.04.2018