S.Pr.Palaniappa Chettiar, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12124 of 2018 S.PR.Palaniappa Chettiar ... Petitioner -Vs1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Office of District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk, Thirumayam, Pudukkottai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the second respondent to dispose the petitioner's appeal dated 27.09.2017, after affording opportunity to the petitioner in-person and to produce the relevant documents by following the principle of "Audi Altarem Partem", within the time framed by this Court. For Petitioner : Mr.S.Ramesh For Respondents : Mr.N.Shanmuga Selvam, Additional Government Pleader.

ORDER

Heard Mr.S.Ramesh, learned counsel appearing for the petitioner and 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 appeal dated 27.09.2017 has not been disposed of 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 https://hcservices.ecourts.gov.in/hcservices/

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 respondents to dispose of the petitioner's appeal dated 27.09.2017 on its own merits and in accordance with law, as expeditiously as possible. Such an exercise shall be done, after giving due opportunity to the petitioner 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-III) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The District Revenue Officer, Office of District Revenue Officer, Pudukkottai District, Pudukkottai.

3.The Tahsildar, Thirumayam Taluk, Thirumayam, Pudukkottai District.

+1CC to Mr.V.Raghavachari Advocate in SR.No.67313. MYR DS/SV-MMS/SAR- 1 :20.06.2018: 2P/5C W.P.(MD)No.12124 of 2018 07.06.2018 https://hcservices.ecourts.gov.in/hcservices/