J.Muthulakshmi v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.15558 of 2018 J.Muthulakshmi ... Petitioner Vs.
1. The District Collector, Tirunelveli District, Tirunelvlei.
2. The Thasildar, Nanguneri Taluk Office, Nanguneri, Tirunelveli District.
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to consider my representations dated 16.09.2015 and 19.03.2018 and pass speaking order on inclusion of my name the Trust lands are situated in S.No.771-774, 776-822, 833-835, 840, 841, 844 (Patta No.1) to the extent of 53.16 Hectare (Nanjai), & 109 Hectare 26 Ars (Punjai). In S.No.843 in extent of 6-Hectare, 47-Ars 30-Cents (Patta.No.2) and S.No.842 (Patta No.4) in extent of 5-Hectare 42-Ars of the Palankulam Revenue Village, Nanguneri Taluk, Tirunelveli District. Further, the S.No.74 to 78, 80, 82, 83 (Patta No.978) in extent of 1-Hectare 41.50 Ars (Nanjai), 3Hectare 39.50 Ars (Punjai) and S.No.88 (Patta.No.1108) in extent of 1-Hectare 33 Ars (Punjai) and and S.No.75 (Patta No.
1186) in extent of 50-Ars (Punjai) and S.No.76 (Patta No.1187) in extent of 14.5 Ars (Punjai), S.No.78, 79, 80 (Patta. No.1201) in extent of 3-Hectares, 46 Ars (Punjai) of the Kovilammal Revenue Village, Nanguneri Taluk of Tirunelveli District within time limit framed by this Court.
For Petitioner : Mr.K.K.Samy For Respondents : Mr.V.Anand Government Advocate
ORDER
Mr.V.Anand, learned Government Advocate, 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. https://hcservices.ecourts.gov.in/hcservices/ 3.It is the grievance of the petitioner that her representations dated 16.09.2015 and 19.03.2018 seeking to
include the name of the petitioner in the joint patta has not been considered by the respondents till date and therefore, 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 other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers 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 16.09.2015 and 19.03.2018 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 made, after giving notice to the petitioner and 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(CS-II) To
1. The District Collector, Tirunelveli District, Tirunelvlei.
2. The Thasildar, Nanguneri Taluk Office, Nanguneri, Tirunelveli District.
+1cc to Mr.K.K.Samy, Advocate Sr.No.73424 TA VB/KAK/SAR2/02.08.2018/2P/4C W.P.(MD)No.15558 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/