K.Saratha v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14331 of 2018 K.Saratha ... Petitioner vs.

1. The District Revenue Officer Madurai District, Madurai

2. The Revenue Divisional Officer Madurai, Madurai District

3. The Thasiladar West Taluk Madurai Madurai 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 pass an order restoring the name of the co-owners namely K.Saratha and K.Vijayakumar in the Town Survey records in respect of landed properties situate at Dindigul Road, Madurai City, bearing Town Survey Numbers in T.S.No.721/1, 721/2, 722 and 723 to the total extent of 20181.5 square feet by considering the representation of the petitioner, dated 12.06.2018, within a stipulated time.

For Petitioner :

Mr.D.Sasikumar 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 12.06.2018 seeking to restore the name of the co-owners, namely, K.Saratha and K.Vijayakumar in the Town Survey records in respect of the landed properties situate at Dindigul Road, Madurai City, bearing T.S.Nos.721/1, 721/2, 722 and 723, measuring an extent of 20181.5 square feet, has not been considered by the respondents till date and therefore, she has filed the present writ petition.

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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 first respondent to consider the petitioner's representation dated 12.06.2018 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 conducting enquiry and giving due opportunity to the petitioner as well as to the 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(CO) /True Copy/ Sub Assistant Registrar To:

1. The District Revenue Officer, Madurai District, Madurai.

2. The Revenue Divisional Officer, Madurai, Madurai District.

3. The Thasildar, West Taluk, Madurai, Madurai District.

+1cc to Mr.D.Sasikumar, Advocate Sr.No.71235 +1cc to Spl.Government Pleader Sr.No. 71672 KRK VB/RP/SAR2/11.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.14331 of 2018 05.07.2018