Nagammal v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15811 of 2018 Nagammal ... Petitioner vs.

1. The District Collector, Dindigul District.

2. The Sub Collector, Palani, Dindigul District.

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar, Tahsildar Office, Palani, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the fourth respondent to consider the petitioner's representation dated 01.04.2017 requesting him to cancel the patta stands in the name of one Gandhi and to issue patta in the name of the petitioner herein in respect of the pathway situated on the northern side of the land bearing S.No.197/2, measuring 1 acre, 1 cent situated at Pappakulam, East Ayakudi Village, Palani Taluk, Dindigul District, within a time limit fixed by this Court.

For Petitioner :

Mr.PT.S.Narendravasan For Respondents :

Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, 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 his representation dated 01.04.2017 seeking to cancel the patta stands in the name of one Gandhi and to issue patta in the name of the petitioner herein, in respect of the pathway situated in the northern side of the land bearing S.No.197/2, measuring 1 acre, 1 cent situated at Pappakulam, East Ayakudi Village, Palani Taluk, https://hcservices.ecourts.gov.in/hcservices/

Dindigul District, has not been considered by the fourth respondent till date and therefore, he 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 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 fourth respondent to consider the petitioner's representation dated 01.04.2017 on its own merits and take further action in accordance with law, within a period of eight 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 and any other 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 (CS-) To:

1. The District Collector, Dindigul District.

2. The Sub Collector, Palani, Dindigul District.

3. The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar, Tahsildar Office, Palani, Dindigul District.

+ 1 CC TO Mr.PT.S.NARENDRAVASAN, ADVOCATE IN SR No. 74189 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 74366 PNN TE/RP/SAR-1 : 02/08/2018 : 3P/7C W.P.(MD)No.15811 of 2018 20.07.2018 https://hcservices.ecourts.gov.in/hcservices/