Madras High CourtWP(MD)/14528/2018disposed of

M.Palanichamy v. The District Collector

2018-07-06Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14528 of 2018 1.M.Palanisamy 2.C.Palanisamy 3.S.R.Krishnamoorthy ... Petitioners vs.

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, O/o.District Revenue Office, Velunachiyar compound, Dindigul.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the second respondent to correct the FMB in S.F.No.600/2B and 601/3B in Thottanathu Village, East Taluk, Dindigul District and consider the petitioners representation dated 09.06.2018.

For Petitioners :

Mr.V.Karuna For Respondents :

Mr.V.Anand, Government Advocate

ORDER

Mr.V.Anand, learned Government Advocate, 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 petitioners that their representation dated 09.06.2018 seeking to direct the second respondent to correct the FMB in S.F.No.600/2B and 601/3B in Thottanathu Village, East Taluk, Dindigul District, has not been considered by the second respondent till date and therefore, the present writ petition has been filed.

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4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioners. 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 petitioners' 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 petitioners' representation dated 09.06.2018 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 done after giving due opportunity to the petitioners 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(RTI) /True Copy/ Sub Assistant Registrar(CS-III) TO

1. The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, O/o.District Revenue Office, Velunachiyar compound, Dindigul.

+1 CC to Mr.V.KARUNA, Advocate in SR.No.71721 PNN RJ/PN/SAR-3/26/07/2018 - 2P/4C W.P.(MD) No.14528 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 06.07.2018