Murugesan 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.12383 of 2018 Murugesan ... Petitioner vs.

1.The District Collector Pudukottai 2.The District Revenue Officer Pudukottai 3.The Revenue Divisional Officer Iluppur Post and Taluk Pudukottai District 4.The Thasildar Kulathur Post and Taluk Pudukottai District 5.The Sub Registrar Keeranur Post Kulathur Taluk Pudukottai District 6.Palanivel 7.Swaminathan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the fourth respondent to restore the patta as in the original position on the basis of the petitioner's representation dated 21.05.2018. For Petitioner :

Mr.P.Ganapathi Subramanian For Respondents :

Mr.V.Anand Government Advocate for R1 to R4 Mr.M.Murugan Government Advocate for R5

O R D E R

Mr.V.Anand, learned Government Advocate, takes notice for the respondents 1 to 4 and Mr.M.Murugan, learned Government Advocate, takes notice for the fifth respondent. Notice to the respondents 6

and 7 is dispensed with in view of nature of the order to be passed by this Court.

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 21.05.2018, seeking to restore the patta as in the original position, has not been considered by the official 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 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 fourth respondent to consider the petitioner's representation, dated 21.05.2018, on its own merits and take further action in accordance with law, within a period of twelve 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 respondents 6 and 7 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 (CO) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Pudukottai.

2.The District Revenue Officer, Pudukottai.

3.The Revenue Divisional Officer, Iluppur Post and Taluk, Pudukottai District.

4.The Thasildar, Kulathur Post and Taluk, Pudukottai District.

5.The Sub Registrar, Keeranur Post, Kulathur Taluk, Pudukottai District.

+1CC to Special Government Pleader in SR.No.67770. +1CC to Mr.P.Ganapathi Subramanian Advocate in SR.No.68143. KRK DS/SV/MMS/SAR-2 :25.06.2018: 3P/8C W.P.(MD) No.12383 of 2018 11.06.2018