Madras High CourtWP(MD)/12855/2018disposed of

S.Palraj v. The Tahsildar

2018-06-18Honourable Mr Justice M. Govindaraj2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.12855 of 2018 S.Palraj ... Petitioner vs.

The Tahsildar, Sivakasi Taluk, Virudhunagar District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent herein to consider the petitioner's representation dated 17.05.2018 and grant Joint Patta in favour of the petitioner and his two sisters namely Suganthi and Maragatham in Survey No.1166/2A, situated at Eenjar Village, Sivakasi Sub Division, Virudhunagar District within a stipulated time fixed by this Court. For Petitioner :

Mr.T.Veerakumar For Respondent :

Mr.N.Shanmugaselvam Additional Government Pleader

O R D E R

Mr.N.Shanmugaselvam, learned Additional Government Pleader 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 17.05.2018, seeking joint patta 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. https://hcservices.ecourts.gov.in/hcservices/

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 17.05.2018 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 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 The Tahsildar, Sivakasi Taluk, Virudhunagar District.

+1cc to Mr.T.Veerakumar, Advocate, SR.No.68542. W.P.(MD) No.12855 of 2018 18.06.2018 ta/sm RAM/SB/SAR 3/27.06.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/