Velusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.13891 of 2018 Velusamy ... Petitioner vs.

1.The District Collector, Office of the District Collector, Dindigul.

2.The Revenue Divisional Officer, Office of the District Collector, Dindigul.

3.The Tahsildar, Odanchathram Taluk, Dindigul District.

4.Thangamani ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to dispose of the petitioner's representation dated 13.06.2018 by way of enquiring against the 3rd respondent for the material alteration in Patta No.607, Dindigul District, Odanchathiram Taluk, 19 Pudhur Village in S.No.402/1B, 6 meter breadth cent 30 and S.No.402/2B, 6 meter breadth of 20 cent cart road, within the time frame stipulated by this Court. For Petitioner : Mr.J.Sivaram For R-1 to R-3 : Mr.V.Anand Government Advocate For R-4 : No Appearance

O R D E R

Heard Mr.J.Sivaram, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3.

2.It is the grievance of the petitioner that his representation dated 13.06.2018, seeking for an enquiry against the 3rd respondent for the material alteration in Patta No.607, Dindigul District, Odanchathiram Taluk, 19 Pudhur Village in S.No.402/1B, 6 meter breadth cent 30 and S.No.402/2B, 6 meter breadth of 20 cent cart road, has not been disposed by the 1st respondent till date and https://hcservices.ecourts.gov.in/hcservices/

therefore, he has 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 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 dispose of the petitioner's 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 dispose of the petitioner's representation dated 13.06.2018, 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 giving due opportunity to the petitioner as well as to the 4th respondent any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar (WRITS) /True Copy/ Sub Assistant Registrar (CS-I) To:

1.The District Collector, Office of the District Collector, Dindigul.

2.The Revenue Divisional Officer, Office of the District Collector, Dindigul.

3.The Tahsildar, Odanchathram Taluk, Dindigul District.

+1CC SPECIAL GOVERNENT PLEADER IN SR.No.77560. Sji DS SKN SAR-1 ;04.09.2018; 2P/5C W.P.(MD) No.13891 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/