M.Gurusamy Nathan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14993 of 2018 M.Gurusamy Nathan ... Petitioner vs.

The Tahsildhar Sankarankovil Taluk Tirunelveli District ... Respondents 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.677/4 situated at Sankarankovil Taluk, Panaiyur Village to the total extent of 285.953 Sq.Meter based on petitioner's representation dated 09.04.2018.

For Petitioner :

Mr.G.Sakthi Rao For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, 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 09.04.2018 seeking to issue patta to his land in survey No.677/4 situated at Sankarankovil Taluk, Panaiyur 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.

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 09.04.2018 on its own merits https://hcservices.ecourts.gov.in/hcservices/

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 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 To The Tahsildhar, Sankarankovil Taluk, Tirunelveli District.

+1cc to M/S.G.Sakthi Rao, Advocate SR.No. 72625 W.P.(MD) No.14993 of 2018 12.07.2018 aav JM/PN/SAR 4/23.07.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/