Subbaiah Udayar 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.14478 of 2018 Subbaiah Udayar ... Petitioner vs.

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Revenue Divisional office, Trichy.

3. The Tahsildar, Srirangam Taluk, Trichy District.

4. The Special Tahsildar, Adi Dravidar Welfare Department, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the second respondent herein to restore petitioner's lands comprised in Old S.Nos.118/1 in New S.No.35/1 of a total extent of 4.90 cents situated at Thorakudi Village, Srirangam Taluk, Trichy District within the time stipulated by this Court.

For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr. S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondents 1 to 4.

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 the communication dated 18.11.2017 issued by the second respondent herein, 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 https://hcservices.ecourts.gov.in/hcservices/

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 third respondent to consider the communication dated 18.11.2017 issued by the second respondent herein and take further action 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 done after conducting enquiry and giving due opportunity to the petitioner 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(AS) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Revenue Divisional office, Trichy.

3. The Tahsildar, Srirangam Taluk, Trichy District.

4. The Special Tahsildar, Adi Dravidar Welfare Department, Trichy.

+ 1 cc TO Mr.B.Jameel Arasu , Advocate in SR No. 71759 pnn AE/SV/SAR2/16.07.2018/2P/6C W.P.(MD) No. 14478 of 2018 06.07.2018 https://hcservices.ecourts.gov.in/hcservices/