R.Jayamanohar v. The Tahsildhar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12284 of 2018 R.Jayamanohar ... Petitioner -VsThe Tahsildar, Tahsildar Office, Nilakottai, Dindigul District. ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to consider the petitioner's representation dated 12.04.2018 and to issue patta to the petitioner's land situated in Oruthattu Village, Nilakottai Taluk, Dindigul District in Survey No.638/3J3 is being extent of 2 acres 42 cents within a time framed by this Court.

For Petitioner : Mr.T.R.Subramanian For Respondent : Mr.V.Anand, Government Advocate.

ORDER

Heard Mr.T.R.Subramanian, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes notice on behalf of the respondent.

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 12.04.2018, seeking issuance of patta to the petitioner's land situated in Oruthattu Village, Nilakottai Taluk, Dindigul District in Survey No.638/3J3, has not been considered by the 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 https://hcservices.ecourts.gov.in/hcservices/

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 respondent to consider the petitioner's representation dated 12.04.2018 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 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-I) /True Copy/ Sub Assistant Registrar To The Tahsildar, Tahsildar Office, Nilakottai, Dindigul District.

+ 1 cc TO Mr.T.R.Subramanian , Advocate in SR No. 67312 Myr AE/SV MMS/SAR4/21.06.2018/2P/3C W.P.(MD)No.12284 of 2018 08.06.2018 https://hcservices.ecourts.gov.in/hcservices/