Nachammal, 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.10084 of 2018 Nachammal ... Petitioner vs.

1.The District Collector Virudhunagar District Virudhunagar 2.The Revenue Divisional Officer Aruppukottai Virudhunagar District Virudhunagar 3.The Tahsildar Kariyapatti Taluk Virudhunagar District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 12.01.2018 and to transfer the patta for petitioner's properties in Survey No.67/2, measuring to an extent of 09.33 Acres at Mustakurichi Village, Kariappatti Taluk, Virudhunagar District towards petitioner's favour and one Amaravathi and one Saraswathi within a stipulated time.

For Petitioner :

Mr.N.Saravanan For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

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.

It is the grievance of the petitioner that her

representation dated 12.01.2018 seeking transfer of Patta in her name, Amaravathi and Saraswathi, in respect of the property comprised in Survey No.67/2 of Mustakurichi Village, Kariappatti Taluk, Virudhunagar District, measuring an extent of 09.33 Acres, has not been considered by the respondents 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 third respondent to consider the petitioner's representation dated 12.01.2018 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 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(CSIII) /True Copy/ Sub Assistant Registrar krk To:

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Aruppukottai, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Kariyapatti Taluk, Virudhunagar District +1 CC TO Mr. N.SARAVANAN , Advocate, Sr.No. 64402 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No. .65022 JAM/24/05/2018/ JC/SAR 3/ 3P-6C W.P.(MD) No.10084 of 2018 28.04.2018