A.Fathimarani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.07.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.14456 of 2018 A.Fathimarani : Petitioner Vs.
1. The District Collector, District Collectorate, Ramanathapuram District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram.
3. The Special Tahsildar, District Adi Dravidar and tribal Welfare Officer, Office of the District Adi Dravidar and Tribal Welfare Officer, Ramanathapuram District Collectorate, Ramanathapuram.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to re-convey and consider the petitioner representation the land measuring 1.06 Acre in Survey No.115/4 in Pattinamkathan village, Ramanathapuram Taluk and District, based on the petitioner's representation dated 22.01.2018 on merits within a period of stipulated time limit as fixed by this Court. For Petitioner : Mr.K.Neelamegam For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader
ORDER
Heard Mr.K.Neelamegam, learned counsel appearing for the petitioner, Mr.N.Shanmuga Selvam, learned Additional Government Pleader, who takes notice on behalf of 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 22.01.2018 to re-convey the land measuring 1.06 Acre in Survey No.115/4 in Pattinamkathan village, Ramanathapuram Taluk and District, has not been considered by the https://hcservices.ecourts.gov.in/hcservices/
respondents 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 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 third respondent to consider the petitioner's representation, on its own merits and 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-II) /True Copy/ Sub Assistant Registrar To
1. The District Collector, District Collectorate, Ramanathapuram District.
2. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Ramanathapuram.
3. The Special Tahsildar, District Adi Dravidar and tribal Welfare Officer, Office of the District Adi Dravidar and Tribal Welfare Officer, Ramanathapuram District Collectorate, Ramanathapuram.
+1cc to Mr.K.Neelamegam, Advocate SR.No.71575 Pnn MK/RSK/SAR 1/13.07.2018/2P/5C W.P.(MD)No.14456 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 06.07.2018