D.Dinakaran S/O.S.Duraisamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10048 of 2018 D.Dinakaran ... Petitioner vs.

1. The District Revenue Officer O/o.of the District Revenue Office Collectorate Campus Tirunelveli District

2. The Sub Collector Cheranmahadevi Tirunelveli District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to consider the petitioner's representation, dated 25.02.2018 for altering the revenue records and for issuance of Patta in respect of the property comprised in Survey No.2350 at Perungudi Village Part-II, Radhapuram Taluk, Tirunelveli District, to an extent of 14 Cents.

For Petitioner :

Mr.S.Vinayak For Respondents :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 his representation dated 25.02.2018 seeking for alteration of the revenue records and for issuance of Patta in respect of the property comprised in Survey No.2350 of Perungudi Village Part-II, Radhapuram Taluk, Tirunelveli District, measuring an extent of 14 Cents, has not been considered by the respondents till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

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 first respondent to consider the petitioner's representation dated 25.02.2018 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(AS) /TRUE COPY/ Sub Assistant Registrar To:

1. The District Revenue Officer, District Revenue Office, Collectorate Campus, Tirunelveli District.

2. The Sub Collector, Cheranmahadevi, Tirunelveli District.

+1.CC to Mr.S.Vinayak Advocate SR.No.64746 krk MV:RSK-SKN:SAR4:23/05/2018/2P/4C W.P.(MD) No.10048 of 2018 28.04.2018 https://hcservices.ecourts.gov.in/hcservices/