Madras High CourtWP(MD)/14392/2018disposed of

C.Muthukumar @ Muthukaruppan v. The District Registrar

2018-07-05Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14392 of 2018 C.Muthukumar @ Muthukaruppan ... Petitioner vs.

1.The District Registrar Office of the District Registrar Sivagangai District 2.The Sub Registrar Office of the Sub Registrar Karaikudi Sivagangai District 3.The Inspector of Police Nachiarpuram Police Station Tirupattur Taluk Sivagangai District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to implement the order of the first respondent in his proceedings Na.Ka.No.1009/A1/2012, dated 11.07.2016, by considering the representation of the petitioner dated 02.01.2018 within a stipulated time.

For Petitioner :

Mrs.P.Jessi Jeeva Priya For Respondents :

Mr.Murugan Government Advocate for R1 & R2 Mr.J.Gunaseelan Muthiah Additional Government Pleader for R3

O R D E R

Mr.Murugan, learned Government Advocate, takes notice for the respondents 1 and 2 and Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader takes notice for the third respondent.

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 02.01.2018 seeking to implement the order of the first respondent vide proceedings in Na.Ka.No.1009/A1/2012, https://hcservices.ecourts.gov.in/hcservices/

dated 11.07.2016, has not been considered by the respondents 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 second respondent to consider the petitioner's representation dated 02.01.2018 in the light of the first respondent's proceedings in Na.Ka.No.1009/A1/2012, dated 11.07.2016, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) /True copy/ Sub Assistant Registrar To 1.The District Registrar, Office of the District Registrar, Sivagangai District.

2.The Sub Registrar, Office of the Sub Registrar, Karaikudi, Sivagangai District.

3.The Inspector of Police, Nachiarpuram Police Station, Tirupattur Taluk, Sivagangai District.

+1cc to Mrs.P.Jessi Jeeva Priya, Advocate, SR.No.71312. +1cc to Special Government Pleader, SR.No.71528. W.P.(MD) No.14392 of 2018 05.07.2018 krk https://hcservices.ecourts.gov.in/hcservices/ RAM/RP/SAR 2/16.07.2018/2P/6C