Madras High CourtWP(MD)/12005/2018disposed of

G.Nagarajan v. The District Collector

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12005 of 2018 G.Nagarajan : Petitioner Vs.

1. The District Collector, O/o. The District Collectorate Campus, Theni, Theni District.

2. The Revenue Divisional Officer, O/o. The Revenue District Office, Periyakulam, Theni District.

3. The Tahsildar, O/o.The Tahsildar Office, Near Ulavarsanthai, Theni, Theni District.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the third respondent to grant patta to the petitioner's lands to an extent of 2 Acres and 85 Cents in Survey No.1382/1, Veerapandi Village, Muthu Thevan Patti, Theni District in the light of order made in W.P(MD). No.10139 of 2014 dated 25.06.2014 and by considering the petitioner's representation dated 04.04.2018 within the period that may be stipulated by this Court.

For Petitioner : Mr.C.Venkatesh Kumar For Respondents : Mr.V.Anand Government Advocate

ORDER

Heard Mr.C.Venkatesh Kumar, learned counsel appearing for the petitioner, Mr.V.Anand, learned Government Advocate, who takes notice on behalf of 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, for grant of patta to his land to an extent of 2 Acres and 85 Cents in Survey No.1382/1, Veerapandi Village, Murthu Thevan Patti, Theni District, has not been considered by the third respondent till date and therefore, 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 other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers 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, on its own merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be made, after giving notice to the petitioner as well as any other persons, who may be interested in the subject property. 6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (W) /True Copy/ Sub Assistant Registrar To

1. The District Collector, O/o. The District Collectorate Campus, Theni, Theni District.

2. The Revenue Divisional Officer, O/o. The Revenue District Office, Periyakulam, Theni District.

3. The Tahsildar, O/o.The Tahsildar Office, Near Ulavarsanthai, Theni, Theni District.

+1CC to M/s.Ajmal Associates, Advocate, SR.No.66977 W.P.(MD)No.12005 of 2018 06.06.2018 RMK ES/SV/SAR 1/14.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/