R.Arockiya Sahayamary, v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.12524 of 2018 R.Arockiya Sahayamary ... Petitioner vs.

The Tahsildar, Dindigul East Taluk, Dindigul.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to issue patta in the name of the petitioner in respect of the petitioner's property comprised in Survey No.70/9B admeasuring to an extent of 20 cents (4360 sq.ft) situated at Viralipatti Village, Dindigul East Taluk, Dindigul District, by considering the petitioner's application dated 31.05.2017, after giving necessary opportunity to all necessary parties concerned. For Petitioner : Mr.J.Lawrance For Respondent : Mr.V.Anand Govt. Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 her application dated 31.05.2017, seeking patta for her land has not been considered by the respondent till date. 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.

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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 31.05.2017 on its own merits and take further action in accordance with law, within a period of two months 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 his mother and to all the necessary parties who may be interested in the subject land.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To:

The Tahsildar, Dindigul East Taluk, Dindigul.

+1cc to Mr.J.Lawrance, Advocate Sr.No.68111 Vs MK/SB/SAR 4/27.06.2018/2P/3C W.P.(MD) No.12524 of 2018 13.06.2018 https://hcservices.ecourts.gov.in/hcservices/