Madras High CourtWP(MD)/14663/2018disposed of

Meerarani v. The Tahsildar

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.14663 of 2018 Meerarani ... Petitioner vs.

The Tahsildar Thiruppuvanam Taluk Sivagangai District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to grant Patta in the name of the petitioner and other legal heirs of Late.Narayanasamy Naidu for the property measuring an extent of 0.56.0 Ares in Survey No.19/2A in Patta No.330, situated at Madappuram Village, Thiruppuvanam Panchayat, Manamadurai Taluk, Sivagangai District.

For Petitioner :

Mr.M.Kannan For Respondent :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondent.

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 her representation dated 05.03.2018 seeking for issuance of Patta in her name and also in the name of the other legal heirs of Late.Narayanasamy Naidu, for the property, measuring an extent of 0.56.0 Ares, comprised in Survey No.19/2A, situated at Madappuram Village, Thiruppuvanam Panchayat, Manamadurai Taluk, Sivagangai District, has not been considered by the respondent till date and therefore, she 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 https://hcservices.ecourts.gov.in/hcservices/

nature is made, the respondent is 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 his office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct him 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 respondent to consider the petitioner's representation dated 05.03.2018 on its own merits 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 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(AS) /True Copy/ Sub Assistant Registrar To:

The Tahsildar, Thiruppuvanam Taluk, Sivagangai District.

+ 1 cc TO Mr.M.Kannan , Advocate in SR No. 72047 krk AE/SKN RSK/SAR2/16.07.2018/2P/3C W.P.(MD) No.14663 of 2018 09.07.2018 https://hcservices.ecourts.gov.in/hcservices/