G.S.Balasubramanian v. The Sub Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)Nos.10232 to 10234 of 2018 G.S.Balasubramanian : Petitioner in W.P.(MD)Nos.10232 and 10233 of 2018 Padma : Petitioner in W.P.(MD)No.10234 of 2018 Vs.
1.The Sub Collector, Kumbakonam, Thanjavur District.
2.The Tahsildar, Thiruvadaimarudhuar Taluk, Kumbakonam, Thanjavur District.
:Respondents in all W.Ps.
PRAYER in W.P.(MD)No.10232 of 2018:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondent to issue patta for the properties in S.F.Nos.175/5, 172/30, 280/13, 280/16, 241/3 and 174/8 situated at Govindapuram, Thiruvadaimarudhur Taluk, Kumbakonam, Thanjavur District (extent to which petitioner is entitled) in favour of the petitioner on petitioner's representation dated 25.01.2016 within a time stipulated as this Court.
PRAYER in W.P.(MD)No.10233 of 2018:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to issue patta for the property in S.F.No.174/2 situated at Govindapuram, Thiruvadaimarudhur Taluk, Kumbakonam, Thanjavur District in favour of the petitioner on the recommendation made by the first respondent dated 25.03.2018 within a time stipulated as this Court.
PRAYER in W.P.(MD)No.10234 of 2018:
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to issue patta for the property in S.F.No.174/5 situated at Govindapuram, Thiruvadaimarudhur Taluk, Kumbakonam, Thanjavur District in favour of the petitioner based on the
recommendation made by the first respondent dated 25.03.2018 within a time stipulated as this Court.
For Petitioners : Mr.S.Madhavan in all Wp's For Respondents : Mr.V.Anand, (in all Writ Petitions) Government Advocate. COMMON ORDER Heard Mr.S.Madhavan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondents in all Writ Petitions. 2.By consent of both parties, these writ petitions are taken up for final disposal at the stage of admission itself. 3.It is the grievance of the petitioners that their representation, dated 25.01.2016 seeking issuance of patta in favour of the petitioners has not been considered by the respondents till date and therefore, have filed the present writ petitions.
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 these writ petitions, there shall be a direction to the second respondent to consider the petitioners' representation dated 25.01.
2016 on its own merits and take further action in accordance with law, in the light of the recommendation dated 25.03.2018 made by the first respondent, within a period of twelve weeks from the date of receipt of a copy of this order. Such an exercise shall be done, after giving due opportunity to the persons, who may be interested in the subject properties.
6.With the above direction, these writ petitions are disposed of. No costs.
sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar
Myr To 1.The Sub Collector, Kumbakonam, Thanjavur District.
2.The Tahsildar, Thiruvadaimarudhuar Taluk, Kumbakonam, Thanjavur District.
+3CC to Mr.K.Balasubramanian, Advocate Sr.No.64583 to 64585 GJM/MMS/SAR-I-28.5.18-3p-6c W.P.(MD)Nos.10232 to 10234 of 2018 28.04.2018