Madras High CourtWP(MD)/14990/2018disposed of

Muniyasamy v. The Tahsildar

2018-07-12Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14990 of 2018 Muniyasamy ... Petitioner vs.

The Tahsildhar Sankarankovil Taluk Tirunelveli District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent herein to issue the patta to petitioner's land in survey No.848/13 situated at Sankarankovil taluk, Periyur Village to the total extent of 314/13 Sq. Meter based on his representation dated 28.03.2018.

For Petitioner :

Mr.R.Ramachandran For Respondent :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional 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 his representation dated 28.03.2018 seeking to issue the patta to his land in survey No.848/13 situated at Sankarankovil taluk, Periyur Village, has not been considered by the 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.

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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 28.03.2018 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-III) /True Copy/ Sub Assistant Registrar To The Tahsildhar Sankarankovil Taluk Tirunelveli District.

+1cc to Mr.R.Ramachandran, Advocate Sr.No.72623 +1cc to Spl.Government Pleader Sr.No.72828 AAV VB/PN/SAR3/23.07.2018/2P/4C W.P.(MD) No.14990 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/