K.Kalyana Sundaram v. The Revenue Divisional 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.15625 of 2018 K.Kalyana Sundaram ... Petitioner Vs.

1. The Revenue Divisional Officer, Manamadurai, Sivagangai District.

2. The Tahsildar, Manamadurai, Sivagangai 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 sub divide the property and issue separate patta with regard to 23 cents of the property in Survey No.10/1A1 of Keeladi Village, Manamadurai Taluk, Sivagangai District by considering the representation of the petitioner dated 04.04.2018 within a time frame that may be stipulated by this Court.

For Petitioner : Mr.S.C.Herold Singh For Respondents : 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 petitioner that his representation dated 04.04.2018 to subdivide the property and to issue a separate patta, 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 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

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 04.04.2018 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 property. 5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To

1. The Revenue Divisional Officer, Manamadurai, Sivagangai District.

2. The Tahsildar, Manamadurai, Sivagangai District.

+1cc to Mr.S.C.Herold Singh, Advocate Sr.No.73632 TA VB/SKN/RSK/SAR2/27.07.2018/2P/4C W.P.(MD)No.15625 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/