S.Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14974 of 2018 S. Perumal ... Petitioner vs.

1. The District Collector Karur District Karur.

2. The Revenue Divisional Officer Kulithalai Karur District.

3. The Tahsildhar Krishnarayapuram Taluk Krishnarayapuram 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 dispose of the representation of the petitioner dated 21.02.2018 seeking permission to dig a well in the petitioner's agricultural land in No.534/4A of Sengol Village, Krishnarayapuram Taluk, Karur District.

For Petitioner :

Mr.R.Ponkarthikeyan 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 21.02.2018 seeking to dispose of the representation, has not been considered by the third respondent 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 https://hcservices.ecourts.gov.in/hcservices/

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 21.02.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The District Collector Karur District Karur.

2. The Revenue Divisional Officer Kulithalai Karur District.

3. The Tahsildhar Krishnarayapuram Taluk Krishnarayapuram Karur District.

+1cc to M/S.R.Ponkarthikeyan, Advocate SR.No. 72248 W.P.(MD) No.14974 of 2018 11.07.2018 aav JM/PN/SAR 3/26.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/