J.David Ganesan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14844 of 2018 J.David Ganesan ... Petitioner vs.
1.The District Collector Thoothukudi District Thoothukudi 2.The Revenue Divisional Officer Thiruchendur Revenue Division Thoothukudi District 3.The Thasildar Tiruchendur Taluk Tiruchendur Thoothukudi District 4.Francis Bharathi (B.E.) Village Administrative Officer Angamangalam Village Panchayat Kurumbur, Thoothukudi District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to take appropriate action to include the Survey Numbers in 282/1, 281/28 situated in the petitioner's Village as a public road in the Village Sketch entry, Village Account on the basis of the petitioner's representation dated 19.12.2017. For Petitioner :
Mr.J.Ashok For Respondents :
Mr.N.Shanmugaselvam Additional Government Pleader for R1 to R3
O R D E R
Mr.N.Shanmugaselvam, learned Additional Government, takes notice for the respondents 1 to 3. Notice to the fourth respondent is dispensed with in view of nature of the order to be passed by this Court.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/ 3.It is the grievance of the petitioner that his representation dated 19.12.2017 seeking to enter the pathway
situated in Survey Nos.282/1, 281/28 of Angamangalam Village, as a Government public pathway in the Village Sketch and records, has not been considered by the official 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 is made, the official 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 second respondent to consider the petitioner's representation dated 19.12.2017 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 giving due opportunity to the petitioner as well as to the 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, Thoothukudi District, Thoothukudi.
2.The Revenue Divisional Officer, Thiruchendur Revenue Division, Thoothukudi District.
3.The Thasildar, Tiruchendur Taluk, Tiruchendur, Thoothukudi District.
+1cc to M/S.J.Ashok, Advocate SR.No. 72586 W.P.(MD) No.14844 of 2018 11.07.2018 https://hcservices.ecourts.gov.in/hcservices/ krk JM/RP/SAR 4/20.07.2018/2P/5C