Selvi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.12368 of 2018 Selvi ... Petitioner vs.

1. The District Collector Pudukottai District

2. The Revenue Divisional Officer Ilupur Pudukottai District

3. The Tahsildar Kulathur Pudukottai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to carry out the necessary changes in the revenue records on the basis of the petitioner's representation dated 19.03.2018 with regard to patta issued in favour of the petitioner for S.F.No.211/30 Natham 0.02.5 ares in Keeranur Village, Kulathur Taluk, Pudukottai District, within a stipulated time. For Petitioner :

Mr.P.Ganapathi Subramanian For Respondents :

Mr.N.Shanmuga Selvam, Additional Government Pleader.

O R D E R

Mr.N.Shanmuga Selvam, learned Additional 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 her representation dated 19.03.2018 seeking to carry out necessary changes in the revenue records with regard to the Patta issued in her favour in respect of the property, comprised in S.F.No.211/30 Natham, measuring an extent of 0.02.5 Ares in Keeranur Village, Kulathur Taluk, Pudukottai District, has not been considered by the respondents till date and therefore, she 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 third respondent to consider the petitioner's representation dated 19.03.2018 on its own merits and take further action in accordance with law, within a period of six 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 the 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, Pudukottai District.

2. The Revenue Divisional Officer Ilupur, Pudukottai District.

3. The Tahsildar, Kulathur, Pudukottai District.

+1CC to Mr.P.Ganapathi Subramanian, Advocate, SR.No.68144 W.P.(MD) No.12368 of 2018 11.06.2018 KRK ES/SV/MMS/SAR 1/21.06.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/