Madras High CourtWP(MD)/15000/2018disposed of

Packiyam v. The Joint Commissioner/

2018-07-13Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15000 of of 2018 Packiyam ... Petitioner vs.

The Joint Commissioner/Executive Officer, Arulmighu Naganathaswamy Thirukoil, Thirunageswaram, Thanjavur 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 consider the petitioner's representation dated 03.07.2018, to receive the lease amount payable by the petitioner as per the Revenue Court Order dated 06.07.2017.

For Petitioner :

Mr.M.Gnanagurunathan For Respondent :

Mr.V.Chandrasekar

O R D E R

Mr.V.Chandrasekar, learned counsel 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 03.07.2018, seeking to receive the lease amount payable by the petitioner, 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. https://hcservices.ecourts.gov.in/hcservices/

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 03.07.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner and any other persons, who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (Crl.side) /True Copy/ Sub Assistant Registrar (CS-II) To The Joint Commissioner/Executive Officer, Arulmighu Naganathaswamy Thirukoil, Thirunageswaram, Thanjavur District.

+ 1 CC TO Mr.M.GNANAGURUNATHAN, ADVOCATE IN SR No. 72947 + 1 CC TO Mr.V.CHANDRASEKAR, ADVOCATE IN SR No. 73314 DAS/AKV TE/SKN/SAR-2 : 24/07/2018 : 2P/4C W.P.(MD) No.15000 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/