Chokkalingam 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.14835 of 2018 Chokkalingam ... Petitioner Vs.

1. The District Collector Virudhunagar District

2. The Revenue Divisional Officer Virudhunagar District

3. The Tahsildhar Kariyapatti Taluk Virudhunagar District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the third respondent to grant Patta in favour of the petitioner, on the basis of the Register Sale Deed in Document No.999/2017 on the file of the Kariyapatti Sub-Registrar office at Virudhunagar District. For Petitioner :

Mr.R.Udhayakumar For Respondents :

Mr.N.Shanmugaselvam Additional Government Pleader

ORDER

Mr.N.Shanmugaselvam, 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 representation dated 22.06.2018 seeking for issuance of separate Patta, in respect of the subject property, based on the sale deed registered as document No.999 of 2017, on the file of the SubRegistrar's Office, Kariyapatti, 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 third respondent to consider the petitioner's representation dated 22.06.2018 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 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( SAR I) To

1. The District Collector Virudhunagar District

2. The Revenue Divisional Officer Virudhunagar District

3. The Tahsildhar Kariyapatti Taluk Virudhunagar District +1CC to Mr.R.Udhayakumar, Advocate, SR.No. 72177 W.P.(MD) No.14835 of 2018 11.07.2018 KRK ES/SKN/RSK/SAR 1/23.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/