R.Dhanalakshmi v. The Executive 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.15557 of 2018 R.Dhanalakshmi ... Petitioner Vs.

1. The Executive Officer, Shri Kalugasalamoorthy Temple Devasthanam, Kalugumalai, Kovilpatti Taluk, Thoothukudi District.

2. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

... 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 representation dated 19.05.2018 in accordance with law.

For Petitioner : Mr.S.Muthumalairaja 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. 3.It is the grievance of the petitioner that her representation dated 19.05.2018 to survey the land, mutate the revenue records and to stop manipulation of records with regard to the petitioner's land has not been considered by the respondents till date and therefore, has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 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 first respondent to consider the petitioner's representation dated 19.05.2018 on its own merits and take further action in accordance with law, within a period of six 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(AS) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Executive Officer, Shri Kalugasalamoorthy Temple Devasthanam, Kalugumalai, Kovilpatti Taluk, Thoothukudi District.

2. The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

3. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

+1cc to Mr.S.Muthumalairaja, Advocate Sr.No.74064 TA VB/SKN/RSK/SAR4/30.07.2018/2P/5C W.P.(MD)No.15557 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/