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Madras High CourtWP(MD)/14455/2018disposed of

Thiruvenkitavarathasari, 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. 14455 of 2018 Thiruvenkitavarathasari ... Petitioner vs.

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The District Revenue Officer, Tirunelveli, Tirunelveli District.

3. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4. The Tahsildar, Palayamkottai, Tirunelveli 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 dispose the petitioner's petition dated 26.02.2018 as per the communication dated 03.04.2012 in O.Mu.(Ka2)13061/2018 issued by the first respondent.

For Petitioner :

Mr.M.Subash Babu For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.Mr.J.Gunaseelan Muthiah, 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 26.02.2018 seeking to make necessary corrections in the 'A' Register of Revenue Records, has not been considered by the first respondent till date and therefore, he has filed the present writ petition.

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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 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 26.02.2018 on its own merits in the light of the communication dated 03.04.2018 issued by the first respondent herein 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 petitioner as well as 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(crl side) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Tirunelveli, Tirunelveli District.

2. The District Revenue Officer, Tirunelveli, Tirunelveli District.

3. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

4. The Tahsildar, Palayamkottai, Tirunelveli District.

+1cc to Mr.M.Subash Babu, Advocate Sr.No.71801 +1cc to Spl.Government Pleader Sr.No.71704 PNN VB/PN/SAR4/18.07.2018/2P/7C W.P.(MD) No. 14455 of 2018 06.07.2018 https://hcservices.ecourts.gov.in/hcservices/