S.Ramar v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2018 CORAM :
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16941 of 2018 S.Ramar : Petitioner Vs.
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The District Revenue Officer, Thoothukudi District, Thoothukudi.
3. The Revenue Divisional Officer, R.D.O.Office-Kovilpatti, Thoothukudi District.
4. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.
:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to rectify the mistakes crept in the revenue records relating to the property Survey No.235/1 of Vaipparu-1 Village, Vilathikulam Taluk, Thoothukudi District by deleting the wrongly entered name of Sannasi son of Perumal Naicker and by inserting the name of original owner Sakkarai Naicker as per the order passed by the District Collector, Thoothukudi District in his Na.Ka.D2/45130/2013, dated 31.01.2014.
For Petitioner : Mr.D.Ghandiraj For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader
ORDER
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.The grievance of the petitioner that his representation dated 06.07.2018 seeking to rectify the mistakes crept in the revenue records relating to the property Survey No.235/1 of Vaipparu-1 Village, Vilathikulam Taluk, Thoothukudi District by deleting the wrongly entered name of Sannasi son of Perumal Naicker and by inserting the name of original owner Sakkarai Naicker as per the order passed by the District Collector, Thoothukudi District in his Na.Ka.D2/45130/2013, dated 31.01.2014, has not been considered by the respondents till date and therefore, he 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 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 06.07.2018 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 giving due opportunity to the petitioner as well as 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(RTI) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Thoothukudi District, Thoothukudi.
2. The District Revenue Officer, Thoothukudi District, Thoothukudi.
3. The Revenue Divisional Officer, R.D.O.Office-Kovilpatti, Thoothukudi District.
4. The Tahsildar, Vilathikulam Taluk, Thoothukudi District.
+ 2 ccs TO Mr.D.Gandhiraj , Advocate in SR No. 76506 & 76491 + 1 cc TO The Special Government Pleader in SR No. 76585 ksa AE/VB/KAK/SAR2/03.09.2018/3P/8C W.P.(MD)No.16941 of 2018 01.08.2018