Madras High CourtWP(MD)/14658/2018disposed of

K.N.Muthukumar v. The District Collector

2018-07-09Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14658 of 2018 K.N.Muthukumar ... Petitioner vs.

1. The District Collector (Chatram Administrator) Thanjavur District Collectorate Campus Thanjavur

2. Tahsildar (Chatram) cum Secretary Chatram Administrative Office Gandhiji Road Thanjavur-613 001 ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider the petitioner's case for issuance of rental receipt in his name based on his representation dated 10.08.2016, 25.09.2017 and 02.07.2018 within a stipulated time. For Petitioner :

Mr.G.Thalaimutharasu 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.

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 representations dated 10.08.2016, 25.09.2017 and 02.07.2018 seeking for issuance of recental receipt, in respect of the property comprised in T.S.No.9/24, measuring an extent of 14 Cents, situated at Ward No.9, Gandhi Park Road, Thanjavur, have 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 representations 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 the other. Non-consideration of the same would https://hcservices.ecourts.gov.in/hcservices/

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 representations dated 10.08.2016, 25.09.2017 and 02.07.2018 on its own merits and take further action 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 done after giving due opportunity to the petitioner as well as to all the legal heirs of Late.Narayanasamy and Late.Manikkathammal 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 To:

1. The District Collector, (Chatram Administrator), Thanjavur District, Collectorate Campus, Thanjavur.

2. Tahsildar (Chatram)-cum-Secretary, Chatram Administrative Office, Gandhiji Road, Thanjavur-613 001.

+1cc to Mr.G.Thalaimutharasu, Advocate Sr.No.71900 KRK VB/RP/SAR4/17.07.2018/2P/4C W.P.(MD) No.14658 of 2018 09.07.2018 https://hcservices.ecourts.gov.in/hcservices/