K.Subatra Devi 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.14479 of 2018 K.Subatra Devi ... Petitioner vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.
3.The Tahsildar, Sivagangai Taluk, Sivagangai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the third respondent to implement the order of the second respondent made in Muu.Muu.(A3)2227/2016 dated 06.02.2017 by carry out necessary correction in Patta No.1342 for the extent of 0.02.00 acres in Survey No.44/22 situated at Kanjarangal Group, Sivagangai District. For Petitioner :
Mr.S.Bharathi For Respondents :
Mr.J.Gunaseelan Muthiah Additional Government Pleader
O R D E R
Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 3.
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 09.06.2018 seeking to implement the order of the second respondent made in Muu.Muu.(A3)2227/2016 dated 06.02.2017 by carry out necessary correction in Patta No.1342 for the extent of 0.02.00 acres in Survey No.44/22 situated at Kanjarangal Group, Sivagangai District, 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 needless to point out that whenever a representation of this nature https://hcservices.ecourts.gov.in/hcservices/
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 first respondent to consider the petitioner's representation dated 09.06.2018 on its own merits and take further action in accordance with law, within a period of eight 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(Crl. side) /True Copy/ Sub Assistant Registrar(CS-I) To:
1.The District Collector, Sivagangai District, Sivagangai.
2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District.
3.The Tahsildar, Sivagangai Taluk, Sivagangai.
+1cc to Special Government Pleader, SR.No. 71705 +1cc to M/S.S.Bharathi, Advocate SR.No. 71584 W.P.(MD) No.14479 of 2018 06.07.2018 pnn JM/SKN RSK/SAR 1/30.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/