David Retnasamy 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.15552 of 2018 David Retnasamy ... Petitioner Vs.

1. The District Collector, Trichy.

2. The Revenue Divisional Officer, Srirangam,

3. The Tahsildar,

4. The Block Development Officer, Panchayat Union Office, Vaiyampatti, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 3 and 4 to give permission for laying pipeline from S.No.210/8A1 to S.No.237/13 situated in Mylapur, Amayapuram Village, Manapparai, Trichy District, since both properties absolutely belong to the petitioner and no permission is necessary from the persons stated in the communication dated 11.05.2018 vide Na.Ka.A2/1641/2018 by considering the petitioner's representation dated 22.06.2018.

For Petitioner : Mr.N.Mohan For Respondents : Mr.V.Anand (for R1 to R3) Government Advocate Mr.A.Thiyagarajan (for R4)

ORDER

Mr.V.Anand, learned Government Advocate, takes notice for the respondents 1 to 3.

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 22.06.2018 seeking permission to lay pipeline in the petitioner's property has not been considered by the respondents 3 and 4 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 fourth respondent to consider the petitioner's representation dated 22.06.2018 on its own merits and take further action in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The District Collector, Trichy.

2. The Revenue Divisional Officer, Srirangam,

3. The Tahsildar,

4. The Block Development Officer, Panchayat Union Office, Vaiyampatti, +1cc to Mr.N.Mohan, Advocate Sr.No.73564 TA VB/SKN/RSK/SAR1/27.07.2018/3P/6C W.P.(MD)No.15552 of 2018 18.07.2018