R. Ramayee, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10091 of 2018 R.Ramayee ... Petitioner vs.

1.The District Collector Pudukkottai District Pudukkottai 2.The District Revenue Officer O/o.of the District Revenue Officer Pudukkottai District 3.The Thasildar Kulathur Taluk Pudukkottai District 4.Chidambaranathan ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to complete the enquiry with regard to the cancellation of Patta filed by the petitioner which is pending on the file of the second respondent in his proceedings No.O.Mu.D3/17170/2017, dated 13.10.2017, within a stipulated time, after affording opportunity to the fourth respondent herein.

For Petitioner :

Mr.N.Anandakumar For Respondents :

Mr.V.Anand Government Advocate for R1 to R3

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents 1 to 3. Notice to the fourth respondent 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 her request / representation for cancellation of Patta, which is pending on the file of the second respondent vide proceedings No.O.Mu.D3/17170/2017, dated 13.10.2017, after affording due https://hcservices.ecourts.gov.in/hcservices/

opportunity to the fourth respondent herein, has not been considered by the second respondent till date and therefore, she 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 request / representation for cancellation of Patta, which is pending vide proceedings No.O.Mu.D3/17170/2017, dated 13.10.2017, 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 to the fourth respondent and any other 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(W) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, District Revenue Office, Pudukkottai District.

3.The Thasildar, Kulathur Taluk, Pudukkottai District.

+1CC to Mr.N.Anandakumar, Advocate, SR.No. 64813 W.P.(MD) No.10091 of 2018 28.04.2018 https://hcservices.ecourts.gov.in/hcservices/ krk AM/SKN RSK/SAR 4/25.05.2018/2P/5C