← Library
Madras High CourtWP(MD)/15064/2018disposed of

T.Mallika v. The District Collector

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.15064 of 2018 T.Mallika ... Petitioner vs.

1. The District Collector, Thanjavur District, Thanjavur.

2. The Special Tahsildar, Adi Dravidar Welfare Department, Budalur Taluk, Thanjavur 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 and pass orders on the petitioner's representation dated 29.11.2017 submitted in regard to issuance of patta for the site measuring about 2 cents situated on the eastern side of House Plot No.12 of Survey No.471/1B1, Chengipatti Village, Budalur Taluk, Thanjavur District by extending the benefit of Adi Dravidar Free Land Assignment Scheme as well as benefit of G.O.(Ms).No.34, Revenue (LDI(2) Department dated 23.01.2008 within the time limit that may be stipulated by this Court.

For Petitioner : Mr.G.Thalimutharasu 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 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 her representation dated 29.11.2017, seeking to issue patta for the site measuring about 2 cents situated on the eastern side of House Plot No.12 of Survey No.471/1B1, Chengipatti Village, Budalur Taluk, Thanjavur District, has not been considered by the respondents till date and therefore, she has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

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 an application 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 second respondent to consider the petitioner's representation dated 29.11.2017 on its own merits and take further action in accordance with law, within a period of 8 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 direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To:

1. The District Collector, Thanjavur District, Thanjavur.

2. The Special Tahsildar, Adi Dravidar Welfare Department, Budalur Taluk, Thanjavur District.

+ 1 CC TO Mr.G.THALAIMUTHARASU, ADVOCATE IN SR No. 72594 SJI TE/SV/SAR-1 : 18/07/2018 : 2P/4C W.P.(MD) No.15064 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/