N.Ramachandran, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.8897 and 8898 of 2018 N.Ramachandran ... Petitioner in both W.Ps.

vs.

The Tahsildar, Tahsildar Office, Ottapidaram, Tuticorin District.

... Respondent in both W.Ps.

PRAYER (in W.P.(MD)No.8897 of 2018): Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to consider petitioner's representation dated 08.01.2018 and direct him to rectify the mistake and modify the entries of Patta Pass Book and other revenue records relating to the petitioner's punja land in old S.No.149 and R.S.No.145/5A measuring cents in P.Subramaniapuram, Chithalakattai Village, Ottapidaram Taluk, Tuticorin District.

PRAYER (in W.P.(MD)No.8898 of 2018): Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent herein to consider petitioner's representation dated 08.01.2018 and direct him to rectify the mistake and modify the entries of Patta Pass Book and other revenue records relating to the petitioner's punja land in old S.No.142 part and Re.S.No.451/9 in P.Subramaniapuram, Chithalakattai Village, Ottapidaram Taluk, Tuticorin District. For Petitioner :

Mr.S.Natarajan (in both W.Ps.) For Respondent :

Mr.S.Nagarajan Special Government Pleader (in both W.Ps.) COMMON ORDER Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondent.

2.Since the reliefs sought for in both the writ petitions are identical in nature, they have been clubbed and heard together and are being disposed of by the common order.

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3. By consent of both parties, this writ petitions are taken up for final disposal at the stage of admission itself.

4. It is the grievance of the petitioner that his representation dated 08.01.2018 seeking to rectify the mistake and to modify the entries of patta pass book and other revenue records relating to his punja lands, comprised in old S.Nos.142 part, 149 and R.S.Nos.451/9 and 145/5A, in P.Subramaniapuram, Chithalakattai Village, Ottapidaram Taluk, Tuticorin District, have not been considered by the respondent till date and therefore, he has filed the present writ petitions.

5. 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.

6. In view of the limited prayer sought for in this writ petitions, there shall be a direction to the respondent to consider the petitioner's representations dated 08.01.2018 on its own merits and take further action in accordance with law, within a period of twelve 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.

7. With the above direction, this writ petitions are disposed of. No costs.

Sd/ Assistant Registrar (RTI) /True copy/ Sub Assistant Registrar To:

The Tahsildar, Tahsildar Office, Ottapidaram, Tuticorin District.

+1cc to Mr.S.NATARAJAN, Advocate, SR.No.62854 W.P.(MD) Nos.8897 and 8898 of 2018 23.04.2018 RMI/KRK KK/RSK/14.05.2018/SAR-1/2P-3C https://hcservices.ecourts.gov.in/hcservices/