Karuppiah v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.12.2015
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition(MD)No.21645 of 2015 Karuppiah ... Petitioner Vs.
1. The District Collector, Office of the District Collector, Sivagangai.
2. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai District.
3. The Tahsildar, Manamadurai Taluk, Sivagangai District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, to direct the respondents to consider the petitioner's representation dated 17.11.2015 and to direct the third respondent to issue patta in the petitioner's name for the land to an extent of 0.09.0 ares (ie., 27 cents) at S.No.233/7, K.K.Pallam group, Manamadurai Taluk, Sivagangai District.
For Petitioner : Mr.R.Senthil Kumar For Respondents : Mr.M.Murugan Government Advocate
ORDER
The petitioner seeks for a Mandamus directing the respondents to consider his representation dated 17.11.2015 and to direct the third respondent to issue patta in the name of the petitioner in respect of the land referred to in the Writ Petition.
2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.
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3. Having given the representation only on 17.11.2015 seeking for grant of patta, the petitioner without even waiting
for a reasonable time for the authorities to consider his case and pass orders, has hurriedly approached this Court and filed the present Writ Petition on 2nd December, 2015 itself seeking for issuance of Mandamus as stated supra.
4. In my considered view, this sort of approach has to be highly depreciated, as the power of this Court under Article 226 of the Constitution of India to issue directions to the officials cannot sought to be misused like the present Writ Petition filed by the petitioner. Needless to say that only when the third respondent has not considered the request within a reasonable time, the petitioner can approach this Court and seek for the relief. In this case, it is not so. Therefore, this Writ Petition is dismissed as highly pre-mature, however, with liberty to the petitioner to approach this Court, if the application of the petitioner is not considered and decided on merits and in accordance with law within a reasonable time. No costs. Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To
1. The District Collector, Office of the District Collector, Sivagangai.
2. The Revenue Divisional Officer, Revenue Divisional Office, Sivagangai District.
3. The Tahsildar, Manamadurai Taluk, Sivagangai District.
+ 1 CC TO MR.R.SENTHIL KUMAR, ADVOCATE IN SR NO. 69517 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR NO. 69375 PS TE/PM/ 10/12/2015 : 2P/6C W.P(MD)No.21645 of 2015 04.12.2015 https://hcservices.ecourts.gov.in/hcservices/