R.Mohan Doss v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15690 of 2018 R.Mohan Doss ... Petitioner vs.

1. The Tahsildar, Vadipatti Taluk, Madurai District.

2. The Tahsildar, North Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to issue to Patta in favour of the petitioner and the legal heirs of his deceased brother namely Rathinaraj in respect of the above mentioned properties by considering his representation dated 10.07.2018 within a stipulated time fixed by this Court.

For Petitioner :Mr.C.M.Arumugam For Respondents :Mr.J.Gunaseelanmuthiah, Additional Government Pleader.

O R D E R

Mr.J.Gunaseelanmuthiah,, 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 petitioner that his representation dated 10.07.2018 seeking to issue the patta in favour of him and the legal heirs of his deceased brother namely Rathinaraj, has not been considered by the respondents till date and therefore, he 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 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 https://hcservices.ecourts.gov.in/hcservices/

conferred 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 respondents to consider the petitioner's representation dated 10.07.2018 on its own merits and take further action in accordance with law, within a period of twelve 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 petitioner 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(crl side) /True Copy/ Sub Assistant Registrar(CS-II) To

1. The Tahsildar, Vadipatti Taluk, Madurai District.

2. The Tahsildar, North Taluk, Madurai District.

+1cc to Spl.Government Pleader Sr.No.74103 CP VB/KAK/SAR2/02.08.2018/2P/4C W.P.(MD) No.15690 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/