M.Senthilkumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15335 of 2018 M.Senthil Kumar ... Petitioner vs.

1. The District Collector, Ramnathapuram District, Ramnathapuram.

2. The Tahsildhar, Kamuthi, Ramnad District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to consider the petitioner's representation dated 19.02.2018 and 27.04.2018 seeking to issue patta to the land in survey No.404/8 situated at Veeramachanpatti Village, Thimmanathapuram Group, Kamuthi Taluk, Ramanathapuram District. For Petitioner :

Mr.N.Mariappan For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, 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 his representations dated 19.02.2018 and 27.04.2018 seeking to issue patta has not been considered by the second 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 https://hcservices.ecourts.gov.in/hcservices/

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 representations dated 19.02.2018 and 27.04.2018 on its own merits and take further action in accordance with law, within a period of six 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(AS) /True Copy/ Sub Assistant Registrar(CS-III) To;

1. The District Collector, Ramnathapuram District, Ramnathapuram.

2. The Tahsildhar, Kamuthi, Ramnad District.

+ 1 cc TO Mr.N.Mariappan , Advocate in SR No. 73088 + 1 cc TO The Special Government Pleader in SR No. 73602 aav AE/PN/SAR3/26.07.2018/2P/5C W.P.(MD) No.15335 of 2018 16.07.2018 https://hcservices.ecourts.gov.in/hcservices/