G.Kannan v. The State Rpresented By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10083 of 2018 G.Kannan ... Petitioner vs.
1.The State rep.by the District Collector Pudukottai District 2.The Tahsildar Thirumayam Pudukottai District 3.Shanmugam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to consider the representation of the petitioner dated 19.04.2018.
For Petitioner :
Mr.V.Singan For Respondents :
Mr.V.Anand Government Advocate for R1 & R2
O R D E R
Mr.V.Anand, learned Government Advocate, takes notice for the respondents 1 and 2. Notice to the third 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 his representation dated 19.04.2018 seeking to delete the name of the third respondent in the revenue records and Patta in respect of the property belongs to him, has not been considered by the respondents 1 and 2 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 https://hcservices.ecourts.gov.in/hcservices/
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 19.04.2018 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 to the third 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, Pudukottai District.
2.The Tahsildar, Thirumayam, Pudukottai District.
W.P.(MD) No.10083 of 2018 28.04.2018 KRK PS/JC/SAR 3/22.05.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/