Madras High CourtWP(MD)/12026/2018disposed of

Thummuthai 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.12026 of 2018 Thummuthai : Petitioner Vs.

1. The District Collector, Madurai District.

2. The Tahsildar, Peraiyur Taluk, Madurai District.

3. The Taluk Surveyor, Peraiyur Taluk, Madurai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to consider the petitioner's representation dated 18.04.2018 within the stipulated time as fixed by this Court. For Petitioner : Mr.K.Muthumalai For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Heard Mr.K.Muthumalai, learned counsel appearing for the petitioner, Mr.N.Shanmuga Selvam, learned Additional Government Pleader, 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, to change the patta in her name, has not been considered by the respondents till date and therefore, 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 https://hcservices.ecourts.gov.in/hcservices/

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 second respondent to consider the petitioner's representation, 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 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. Consequently, connected miscellaneous petition is closed.

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

1. The District Collector, Madurai District.

2. The Tahsildar, Peraiyur Taluk, Madurai District.

3. The Taluk Surveyor, Peraiyur Taluk, Madurai District.

+ 1 CC TO Mr.K.MUTHUMALAI, ADVOCATE IN SR No. 67194 RMK TE/KKR/SAR-3 : 14/06/2018 : 2P/5C W.P.(MD)No.12026 of 2018 06.06.2018 https://hcservices.ecourts.gov.in/hcservices/