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Madras High CourtWP(MD)/10464/2018disposed of

Vj.Vijayakumar v. The District Collector

2018-06-04Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10464 of 2018 J.Vijayakumar ... Petitioner vs.

1. The District Collector Karur, Karur District

2. The Revenue Divisional Officer O/o.Revenue Divisional Officer Kulithalai Karur District

3. The Tashildhar Taluk Office, Tharagampatti Kadavur Taluk Karur District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 25.03.2018 and consequently directing the third respondent herein transfer the patta in Petitioner's name in survey no.1073/1,an extent of 1 acre 0.5 cents of Sembiyanatham Village, Kadavur Taluk, Karur District.

For Petitioner :

Mr.K.Asok Kumar Ram 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 his representation dated 25.03.2018 seeking for transfer of Patta in his name in respect of the property comprised in Survey No.1073/1, https://hcservices.ecourts.gov.in/hcservices/

measuring an extent of 1 Acre 0.5 Cents, of Sembiyanatham Village, Kadavur Taluk, Karur District, has not been considered by the respondents 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 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 25.03.2018 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 petitioner, his vendor 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(CS-I) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Karur, Karur District.

2. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tashildhar, Taluk Office, Tharagampatti, Kadavur Taluk, Karur District.

+ 1 cc TO Mr.K.Asok Kumar Ram , Advocate in SR No. 66523 + 1 cc TO The Special Government Pleader in SR No. 66816 krk AE/SV MMS/SAR1/08.06.2018/2P/6C W.P.(MD) No.10464 of 2018 04.06.2018 https://hcservices.ecourts.gov.in/hcservices/