Madras High CourtWP(MD)/14457/2018disposed of

Periya Thampi v. The District Revenue Officer

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.14457 of 2018 Periya Thampi : Petitioner Vs.

1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Tasildhar, Peravurani Taluk, Thanjavur District.

:Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to consider the petitioner's representation dated 30.01.2018 and to cancel the patta No.415 and 589 and issue fresh patta in respect of the lands in Survey NO.102/5B of an extent of 0.06.0 Ares and Survey No.102/6 of an extent of 0.14.50 Ares in village No.6, Ayan Avanam Village, Periyanakipuram Panchayath, Peravurani Taluk, Thanjavur District.

For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondents : Mr.N.Shanmugaselvam Additional Government Pleader

ORDER

Heard Mr.M.Karthikeyavenkitachalapathy, learned counsel appearing for the petitioner, Mr.N.Shanmugaselvam, 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, to cancel the patta No.415 and 589 and issue fresh patta in respect of the lands in Survey NO.102/5B of an extent of 0.06.0 Ares and Survey No.102/6 of an extent of 0.14.50 Ares in village No.6, Ayan Avanam Village, Periyanakipuram Panchayath, Peravurani Taluk, Thanjavur District, in his name, has not been considered by the respondents till date and therefore, 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 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 second respondent to consider the petitioner's representation, on its own merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Such an exercise shall be made, after conducting enquiry and 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Revenue Officer, Thanjavur District, Thanjavur.

2.The Tasildhar, Peravurani Taluk, Thanjavur District.

+1CC to Mr.M.Karthikeya Venkitachalapathy Advocate in SR.No.71724. PNN DS/PN/SAR-2 :13.07.2018:2P/4C W.P.(MD)No.14457 of 2018 06.07.2018 https://hcservices.ecourts.gov.in/hcservices/