Madras High CourtWP(MD)/17318/2018disposed of

V.Raman, v. The Revenue Divisional Officer

2018-08-03Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17318 of 2018 V.Raman ... Petitioner vs.

1. The Revenue Divisional Officer Usilampatti, Madurai District

2. The Tahsildar Thirumangalam Taluk Madurai District 3.M.Poomadevi 4.M.Thavdurajan 5.M.Ravikumar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider the petitioner's representation dated 30.07.2018 and thereby issue the joint patta including my name with Mayandi son of Veerabathra Thevar in Patta No.585 of K.Chennampatti Village, Thirumangalam Taluk, Madurai District. For Petitioner :

Mr.V.Baskaran For Respondents :

Mr.N.Shanmugaselvam Additional Government Pleader for R1 & R2

O R D E R

Mr.N.Shanmugaselvam, learned Additional Government Pleader, takes notice for the respondents 1 and 2. Notice to the respondents 3 to 5 is dispensed with in view of nature of the order to be passed by this Court.

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 30.07.2018 seeking to include his name along with one Mayandi, son of Veerabathra Thevar, in the Patta bearing No.585 of K.Chennampatti Village, Thirumangalam Taluk, Madurai 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 second respondent to consider the petitioner's representation dated 30.07.2018 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 conducting enquiry and giving due opportunity to the petitioner as well as to the respondents 3 to 5 and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-II) To:

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

2. The Tahsildar, Thirumangalam Taluk, Madurai District.

+1cc to Mr.V.Baskaran, Advocate Sr.No.77421 KRK VB/KAK/SAR2/03/09/2018/2P/4C W.P.(MD) No.17318 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/