M.Chandralekha, v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17457 of 2018 M.Chandralekha ... Petitioner vs.

1.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.

2.The Tahsildar, Srivilliputtur Taluk Office, Srivilliputtur, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the first respondent to issue the Destitute Widow Certificate to the petitioner and pass any appropriate other order or direction according to law.

For Petitioner :

Mr.C.Baskaran For Respondents :

Mr.J.Gunaseelan Muthiah, Additional Government Pleader.

O R D E R

Mr.J.Gunaseelan Muthiah, 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 09.09.2015, seeking to issue the Destitute Widow Certificate, has not been considered by the respondents till date and therefore, she 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 second respondent to

consider the petitioner's representation dated 09.09.2015 on its own merits and take further action in accordance with law, within a period of four 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 and any other persons who may be interested in the subject matter.

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

Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar (CS-II) To:

1.The Revenue Divisional Officer, Revenue Divisional Office, Sivakasi, Virudhunagar District.

2.The Tahsildar, Srivilliputtur Taluk Office, Srivilliputtur, Virudhunagar District.

+1cc to Mr.G.BASKARAN, Advocate, SR.No.77110 +1cc to M/s.Special Government Pleader,SR.No.77456 W.P.(MD) No.17457 of 2018 03.08.2018 CP KK/RP/SAR-2/03.10.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/