Pon Singh v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.9836 of 2018 and W.M.P.(MD)No.9054 of 2018 Pon Singh : Petitioner Vs.

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The District Revenue Officer, O/o.The District Revenue Officer,

3. The Tahsildar, Thiruchendur Taluk,

4. The Assistant Director, Agricultural Department, : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 to conduct an enquiry and to cancel the patta issued in the name of the 4th respondent and to restore the entries regarding the property in Survey No.80B/11, Nazareth Village, Thiruchendur Taluk, Thoothukudi District by considering the petitioner's representation dated 08.03.2018. For Petitioner : Mr.K.Jegan For Respondents : Mr.V.Anand, Government Advocate.

ORDER

Heard Mr.K.Jegan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes

notice on behalf of 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 08.03.2018 seeking for cancellation of patta has not been considered by the respondents till date and therefore, has filed the present writ petition. 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 other.

Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers 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 third respondent to consider the petitioner's representation dated 08.03.2018 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 giving due opportunity to the petitioner as well as the 4th respondent. 6.With the above direction, this writ petition is disposed of. No costs.

Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thoothukudi District, Thoothukudi.

2. The District Revenue Officer, O/o.The District Revenue Officer,

3. The Tahsildar, Thiruchendur Taluk,

4. The Assistant Director, Agricultural Department, Myr AE/KKR/SAR2/16.05.2018/3P/5C W.P.(MD)No.9836 of 2018 27.04.2018