Muthamilselvan v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15398 of 2018 Muthamilselvan ... Petitioner vs.

The Tahsildar, Srirangam Taluk, Srirangam, Trichy District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to issue Patta on the basis of the petitioner's application dated 05.04.2018 and 13.04.2018, within time frame fixed by this Court.

For Petitioner :

Mr.T.Vadivelan For Respondent :

Mr.V.Anand, Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 applications dated 05.04.2018 and 13.04.2018, seeking to direct the respondent to issue patta in his name, 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.

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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 applications dated 05.04.2018 and 13.04.2018, 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 as well as to the respondent 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(W) /True Copy/ Sub Assistant Registrar(CS-I) To The Tahsildar, Srirangam Taluk, Srirangam, Trichy District.

+1cc to Mr.M.Silambarasan, Advocate Sr.No.73630 PNN VB/SKN/RSK/SAR1/31.07.2018/2P/3C W.P.(MD) No.15398 of 2018 17.07.2018 https://hcservices.ecourts.gov.in/hcservices/