P.Gopalakrishnan 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.15513 of 2018 1.P.Gopalakrishnan 2.P.Poobalagan 3.M.Velsamy Pandian ... Petitioners Vs.
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Revenue Divisional Officer, Tenkasi, Tirunelveli.
3. The Tahsildhar, Veerakeralampudur Taluk, Tirunelveli.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to consider the representation dated 20.01.2018 for issuance of separate patta in respect of the lands located in the S.No.627 pt, S.No.625 pt and 664/1A1 assigned by the Assistant Commissioner of Land Reforms through order dated 24.12.1987. For Petitioners : Mr.H.Arumugam For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader.
ORDER
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 petitioners that their representation dated 20.01.2018 for issuance of separate patta in respect of the lands located in S.No.627 pt, S.No.625 pt and https://hcservices.ecourts.gov.in/hcservices/
664/1A1, has not been considered by the third respondent till date and therefore, they have 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 petitioners. 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 petitioners' 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 petitioners' representation dated 20.01.2018 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 petitioners as well as to the third 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 (AE) /True Copy/ Sub Assistant Registrar(CS-III) To
1. The District Collector, Tirunelveli District, Tirunelveli.
2. The Revenue Divisional Officer, Tenkasi, Tirunelveli.
3. The Tahsildhar, Veerakeralampudur Taluk, Tirunelveli.
+ 1 CC TO Mr.H.ARUMUGAM, ADVOCATE IN SR No. 73886 MM TE/SV/SAR-3 : 27/07/2018 : 2P/5C W.P.(MD) No.15513 of 2018 17.07.2018 https://hcservices.ecourts.gov.in/hcservices/