V.Mutharasi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD). Nos.13539 to 13544 of 2018 V.Mutharasi ... Petitioner in W.P.(MD).No.13539 of 2018 K.Vellaisamy ... Petitioner in W.P.(MD).No.13540 of 2018 S.Jeya ... Petitioner in W.P.(MD).No.13541 of 2018 S.Subbulakshmi ... Petitioner in W.P.(MD).No.13542 of 2018 K.Rengarajan ... Petitioner in W.P.(MD).No.13543 of 2018 S.Raman ... Petitioner in W.P.(MD).No.13544 of 2018 vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The District Revenue Officer, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Illupur Division, Pudukkottai District.
4.The Thasildar, Thirumayam Taluk, Pudukkottai District.
... Respondents in all Writ Petitions PRAYER in W.P.(MD).No.13539 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 4 issue patta in the name of the petitioner in respect of S.No.376-39, Thekkatur Village, Thirumayam Taluk, Pudukkottai District after converting the nature of land from Punjai Tharisu to Grama Natham by considering the petitioner representation dated 16.05.2018.
PRAYER in W.P.(MD).No.13540 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 4 issue patta in the name of the petitioner in respect of S.No.376-59, Thekkatur Village, Thirumayam Taluk, Pudukkottai District after converting the nature of land from Punjai Tharisu to Grama Natham by considering the petitioner representation dated 16.05.2018.
PRAYER in W.P.(MD).No.13541 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 4 issue patta in the name of the petitioner in respect of S.No.376-20, Thekkatur Village, Thirumayam Taluk, Pudukkottai District after converting the nature of land from Punjai Tharisu to Grama Natham by considering the petitioner representation dated 16.05.2018.
PRAYER in W.P.(MD).No.13542 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 4 issue patta in the name of the petitioner in respect of S.No.376-22, 376-23, Thekkatur Village, Thirumayam Taluk, Pudukkottai District after converting the nature of land from Punjai Tharisu to Grama Natham by considering the petitioner representation dated 16.05.2018. PRAYER in W.P.(MD).No.13543 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 4 issue patta in the name of the petitioner in respect of S.No.377-38, Thekkatur Village, Thirumayam Taluk, Pudukkottai District after converting the nature of land from Punjai Tharisu to Grama Natham by considering the petitioner representation dated 16.05.2018.
PRAYER in W.P.(MD).No.13544 of 2018: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents No.1 to 4 issue patta in the name of the petitioner in respect of S.No.376-144, Thekkatur Village, Thirumayam Taluk, Pudukkottai District after converting the nature of land from Punjai Tharisu to Grama Natham by considering the petitioner representation dated 16.05.2018. In all Writ Petitions:- For Petitioners : Mr.G.R.Sathish in all the WPs For Respondents : Mr.J.Gunaseelanmuthiah in all the WPs Additional Government Pleader COMMON ORDER Heard Mr.G.R.Sathish, learned counsel appearing for the petitioners and Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader appearing for the respondents. 2.It is the grievance of the petitioners that their representation dated 16.
05.2018 respectively, seeking for issuance of patta, has not been considered by the 4th respondents till date and therefore, they have filed the present writ petition. 3.This Court has not expressed any of its view with regard to the merits of the representation made by the petitioners. 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 petitioners' representation within a stipulated time.
4. In view of the limited prayer sought for in this writ petition, there shall be a direction to the 1st respondent to consider the petitioners' representation dated 16.05.2018 respectively, on its own merits and take further action in accordance with law, within a period of three months from the date of receipt of a copy of this order. Such an exercise shall be done after conducting an enquiry and giving due opportunity to the petitioners and any other persons who may be interested in the subject matter.
5. With the above direction, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-II) To:
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The District Revenue Officer, Pudukkottai District, Pudukkottai.
3.The Revenue Divisional Officer, Illupur Division, Pudukkottai District.
4.The Thasildar, Thirumayam Taluk, Pudukkottai District.
+1CC to Mr.G.R.Sathish, Advocate, SR.No. 76807 +1CC to the Special Government Pleader SR.No. 77023 W.P.(MD). Nos.13539 to 13544 of 2018 02.08.2018 SJ ES/SKN/RSK/SAR 2/31.08.2018/3P/7C