Lalin Prabha 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.14929 of 2018 Lalin Prabha ... Petitioner vs.

1. The District Collector, Dindugal District.

2. The Thasildar, Kodaikanal, Dindugal District.

3. The Village Administrative Officer, Kamanoor Village, Kodaikanal Taluk, Dindugal District.

4.Gopi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to issue of patta in favour of the petitioner to the extent of 2 Acres 52 Cents in Re.Sy.No.161, 177/1, 178/1 in Kamanoor Village, Kodaikanal Taluk, by considering her representation, dated 12.08.2017.

For Petitioner :

Mr.K.P.Narayanakumar For Respondents :

Mr.V.Anand Government Advocate for R1 to R3

O R D E R

Mr.V.Anand, learned Government Advocate, 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. 3.

It is the grievance of the petitioner that her representation dated 12.08.2017 seeking for issuance of Patta in her favour in respect of the property, comprised in Re.Sy.Nos.161, 177/1 and 178/1, measuring an extent of 2 Acres 52 Cents, of Kamanoor Village, Kodaikanal Taluk, has not been considered by the https://hcservices.ecourts.gov.in/hcservices/

official respondents 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 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 12.08.2017 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 fourth respondent 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(CS-II) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Dindugal District.

2. The Thasildar, Kodaikanal, Dindugal District.

3. The Village Administrative Officer, Kamanoor Village, Kodaikanal Taluk, Dindugal District.

+ 1 cc TO Mr.K.P.Narayanakumar , Advocate in SR No. 72399 krk AE/SKN RSK/SAR1/20.07.2018/2P/5C W.P.(MD) No.14929 of 2018 11.07.2018 https://hcservices.ecourts.gov.in/hcservices/