M.Palanisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15432 of 2018 M.Palanisamy ... Petitioner vs.

1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Srirengam Post and Taluk, Trichy.

3.The Tahsildar, Manaparai Taluk, Trichy.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the third respondent to consider the petitioner's representation dated 19.04.2018 seeking transfer of patta for S.F.No.52/1 new S.F.No.53/32 measuring 1 acre 52 cent of Keelaiyur Village, Manapparai Taluk, Trichy District within the reasonable time to be fixed by this Court.

For Petitioner :

Mr.P.Ganapathisubramanian For Respondents :

Mr.J.Gunaseelanmuthiah, Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, 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 representation dated 19.04.2018 seeking transfer of patta for S.F.No.52/1 new S.F.No.53/32, measuring 1 acre 52 cent of Keelaiyur Village, Manapparai Taluk, Trichy District, has not been considered by the respondents 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 https://hcservices.ecourts.gov.in/hcservices/

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 19.04.2018 on its own merits 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 and 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(CS-I) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Srirengam Post and Taluk, Trichy.

3.The Tahsildar, Manaparai Taluk, Trichy.

+1cc to M/S.P.Ganapathisubramanian, Advocate SR.No. 74017 +1cc to Special Government Pleader, SR.No. 73582 W.P.(MD) No.15432 of 2018 17.07.2018 pnn JM/PN/SAR 3/27.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/