R.Muthuradha 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.15118 of 2018 R.Muthuradha ... Petitioner vs.

1.The District Collector, Madurai.

2.The Thasildar and Record Officer, Madurai West Taluk, Taluk Office, Madurai.

3.The Village Administrative Officer, Keezhamathur Village, Madurai West Taluk.

... 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 register petitioner's name as cultivating tenant, issue tenancy patta, pursuant to the order passed in Na.Ka.No.9276/2015/C.TR.No.1/2015 by Tahsildar, Madurai West Taluk and Record Officer.

For Petitioner : Mr.M.V.Venkataseshan 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 28.05.2018, seeking for issuance of tenancy patta pursuant to the order passed in Na.Ka.No.9276/2015/C.TR.No.1/2015 by Tahsildar, Madurai West Taluk and Record Officer, 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 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 28.05.2018, in the light of the recommendation of the second respondent herein, in Na.Ka.No.9276/2015/C.TR.No.1/2015, dated 26.05.2017, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-IV) To:

1.The District Collector, Madurai.

2.The Thasildar and Record Officer, Madurai West Taluk, Taluk Office, Madurai.

3.The Village Administrative Officer, Keezhamathur Village, Madurai West Taluk.

+1CC to Mr.M.V.Venkataseshan Advocate in SR.No.72563. SJI DS/SKN/SAR-4 :24.07.2018: 2P/5C W.P.(MD) No.15118 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/