C.Anbalagan v.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14976 of 2018 C.Anbalagan ... Petitioner vs.

1. The District Collector Pudukottai District, Pudukottai.

2. The Tahsildhar Alangudi Taluk Pudukottai District.

... 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 representation dated 05.06.2018 and conduct enquiry, spot inspection and issue patta in petitioner's name in respect of survey no.117 of extent of 1 acre 78 cents and survey no.132 of an extent of 45 acre 98 cents in Senthankudi Village, Alangudi Taluk, Pudukottai District. For Petitioner :

Mr.M.Karthikeya Venkitachalapathy For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Mr.N.Shanmuga Selvam, 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 05.06.2018 seeking to conduct enquiry, spot inspection and issue patta in his name in respect of survey no.117 of extent of 1 acre 78 cents and survey no.132 of an extent of 45 acre 98 cents in Senthankudi Village, Alangudi Taluk, Pudukottai District, has not been considered by the second respondent 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 https://hcservices.ecourts.gov.in/hcservices/

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 05.06.2018 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 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(CS-III) To

1. The District Collector Pudukottai District, Pudukottai.

2. The Tahsildhar Alangudi Taluk Pudukottai District.

+1 CC to Mr.M.KARTHIKEYA VENKITACHALAPATHY, Advocate in SR.No.72386 AAV RJ/RP/SAR-3/26/07/2018 - 2P/4C W.P.(MD) No.14976 of 2018 11.07.2018 https://hcservices.ecourts.gov.in/hcservices/