Bojarajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10462 of 2018 1.Bojarajan 2.Mathayanai 3.A.Perumal ... Petitioners vs.

1. The District Collector, Virudhunagar District.

2. The Tahsildar, Aruppukkottai Taluk, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondents to issue Patta in Survey No.588/4, M.Reddiapatti Village, Aruppukkottai Taluk, Virudhunagar District to the petitioners on the basis of their representations, dated 25.01.2018 and 18.04.2018 forthwith. For Petitioners :

Mr.G.K.Sundaram 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 petitioners that their representations dated 25.01.2018 and 18.04.2018 seeking for issuance of Patta in respect of the property comprised in Survey No.588/4 of M.Reddiarpatti Village, Aruppukkottai Taluk, Virudhunagar District, have not been considered by the respondents till date and therefore, they have filed the present writ petition.

4. This Court has not expressed any of its view with regard to the petitioners' right to claim Patta in respect of the subject property.

It is needless to point out that whenever a representation of this nature is made, the respondents are duty https://hcservices.ecourts.gov.in/hcservices/

bound to consider the same in one way or the other. Nonconsideration 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 petitioners' representations 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 petitioners' representations dated 25.01.2018 on its own merits and take further action in accordance with law, 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 petitioners 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 (CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Virudhunagar District.

2. The Tahsildar, Aruppukkottai Taluk, Virudhunagar District.

+ 1 CC TO Mr.V.THIRUMAL, ADVOCATE IN SR No. 66646 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 66810 KRK TE/JC/SAR-3 : 08/06/2018 : 2P/5C W.P.(MD) No.10462 of 2018 04.06.2018 https://hcservices.ecourts.gov.in/hcservices/