Rengasamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15638 of 2018 1.Rengasamy 2.Mathivanan ... Petitioners Vs.

The District Revenue Officer, Pudukkottai District, Pudukkottai.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondent to consider and dispose of the representation for correcting the wrong entry that has been made in revenue records relating to the property bearing Old Survey No.727/2, New Survey No.699/4, Lembalakudi Village, Thirumayam Taluk, Pudukkottai District dated 02.02.2016 along with the representation of the petitioners deceased Grandmother dated 16.12.2015 within the prescribed time fixed by this Court and also in pursuance of petitioners letter of request dated 01.06.2018.

For Petitioners : Mr.V.Sitharanjandas For Respondent : Mr.J.Gunaseelanmuthiah Additional Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioners that their representation dated 02.02.2016 seeking to correct the wrong entry made in the Revenue Records has not been considered by the respondent till date and therefore, has filed the present writ petition.

3.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 https://hcservices.ecourts.gov.in/hcservices/

226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. 4.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 representation dated 02.02.2016 on its own merits and take further action in accordance with law, within a period of three months 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 property. 5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) /True Copy/ Sub Assistant Registrar (CS-III) To The District Revenue Officer, Pudukkottai District, Pudukkottai.

+ 1 CC TO Mr.V.SITHARANJAN DAS, ADVOCATE IN SR No. 73440 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 73871 TA TE/SV/SAR-3 : 27/07/2018 : 2P/4C W.P.(MD)No.15638 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/