Andi, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9201 of 2018 Andi ... Petitioner vs.

1.The District Collector Pudukkottai District Pudukkottai 2.The Revenue Divisional Officer Aranthangi, Pudukkottai District 3.The Tahsildar Manamelkudi Pudukkottai District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider and pass orders on the petitioner's representation, dated 05.07.2017, with regard to issuance of free house site Patta in S.No.45/2, situated at Panavayal-Payirkollai Village, Karakottai Post, Manamelkudi Taluk, Pudukkottai District, within a stipulated time.

For Petitioner :

Mr.B.S.Meltiue For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.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 his representation dated 05.07.2017 seeking to grant of free house site Patta in respect of the property comprised in Survey No.45/2 of Panavayal-Payirkollai Village, Karakottai Post, Manamelkudi Taluk, Pudukkottai District, has not been considered by the respondents 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 05.07.2017 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 matter.

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

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3.The Tahsildar, Manamelkudi, Pudukkottai District.

+1cc to Special Government Pleader, SR.No. 63593. +1cc to M/s.Mr.B.S.Meltiue, Advocate, SR.No.64001. W.P.(MD) No.9201 of 2018 25.04.2018 krk RAM/KKR/SAR 3/24.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/