Ramu, S/O.Oorkavalan Servai v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.11904 of 2018 Ramu ... Petitioner vs.

1. The District Collector, Ramanathapuram, Ramanathapuram District.

2. The Tahsildar, Rameswaram, Rameswaram Taluk, Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to consider the petitioner's representation dated 09.04.2018 and to issue patta in favour of the petitioner for landed property bearing Survey No.441/3 for an extent of 5.16 cent and Survey No.441/2 for an extent 7.63 cent situated in Rameswaram Town, Rameswaram Taluk, Ramanathapuram District. For Petitioner :Mr.J.M.Hassanul Bazari For Respondents :Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special 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 09.04.2018 seeking to to issue patta in favour of the petitioner for landed property bearing Survey No.441/3 for an extent of 5.16 cent and Survey No.441/2 for an extent 7.63 cent situated in Rameswaram Town, Rameswaram Taluk, Ramanathapuram District, has not been considered by the second respondent till date and therefore, he has filed the present writ petition.

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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 second respondent to consider the petitioner's representation dated 09.04.2018 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 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(crl side) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Ramanathapuram, Ramanathapuram District.

2. The Tahsildar, Rameswaram, Rameswaram Taluk, Ramanathapuram District.

+1cc to Mr.J.M.Hassanul Bazari, Advocate Sr.No.67090 AAV VB/KKR/SAR2/14.06.2018/2P/4C W.P.(MD) No.11904 of 2018 05.06.2018 https://hcservices.ecourts.gov.in/hcservices/