Sudalaimuthu Rajan @ v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14983 of 2018 Sudalaimuthu Rajan @ S.S.M.Rajan ... Petitioner vs.
1. The District Collector Tirunelveli District Tirunelveli.
2. The Sub- Collector Cheranmahadevi Tirunelveli District.
3. The Tahsildhar Radhapuram Taluk Tirunelveli District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to issue a patta in the name of the petitioner the property to the extent of Hec.0.00.71(Cents 1.75) bounded by (North) panchayat cement road, (East) S. Kombaiah and T.Muthuraj Nadar's vacant land (south) house and land of the petitioner , (west) south north road originally belonged to one Sembulinga Nadar in Natham Survey No.1027/3 and new Survey No.2168/2 at VadakkuValliyoor Village Part I, Radhapuram Taluk, Tirunelvelli District in his name by considering the petitioner's representation dated 27.06.2018. For Petitioner :
Mr.S.R.Anbarasu For Respondents :
Mr.S.Nagarajan Special Government Pleader.
O R D E R
Mr.S.Nagarajan, learned Special 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. https://hcservices.ecourts.gov.in/hcservices/
3. It is the grievance of the petitioner that his representation dated 27.06.2018 seeking to issue patta, has not been
considered by the third 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 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 third respondent to consider the petitioner's representation dated 27.06.2018 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 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-I) /True copy/ Sub Assistant Registrar(CS-I) To
1. The District Collector Tirunelveli District Tirunelveli.
2. The Sub- Collector Cheranmahadevi Tirunelveli District.
3. The Tahsildhar Radhapuram Taluk Tirunelveli District.
+1cc to Mr.S.R.Anbarasu, Advocate, SR.No.72661. W.P.(MD) No.14983 of 2018 12.07.2018 aav https://hcservices.ecourts.gov.in/hcservices/ RAM/SKN RSK/SAR 1/23.07.2018/2P/5C