Aancy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :04.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.14315 of 2018 Aancy : Petitioner Vs.

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

2. The Thasildar, Office of the Thasildar, Kodaikanal, Dindigul District.

:Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the second respondent to consider representation submitted by the petitioner dated 19.06.2018 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.L.M.Vijai Boominathan For R-1 & R-2 : Mr.J.Gunaseelanmuthiah Additional Government Pleader

ORDER

Heard Mr.L.M.Vijai Boominathan, learned counsel appearing for the petitioner, Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader who takes notice on behalf of the first and second 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, for grant of patta to the petitioner's dwelling house, has not been considered by the second respondent till date and therefore, 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 other. Non consideration of the same would amount to dereliction of their ordinary duties of their office https://hcservices.ecourts.gov.in/hcservices/

and as such this Court would be justified in invoking its powers 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 second respondent to consider the petitioner's representation, dated 22.05.2018, on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be made, after giving notice to the petitioner as well as any other persons, who may be interested in the subject property.

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

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-II) To

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

2. The Thasildar, Office of the Thasildar, Kodaikanal, Dindigul District.

+1cc to Mr.R.Alagumani, Advocate Sr.No.71105 +1cc to Spl.Government Pleader Sr.No.71617 rmk VB/KAK/SAR2/01.08.2018/2P/5C W.P.(MD)No.14315 of 2018 04.07.2018 https://hcservices.ecourts.gov.in/hcservices/