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Madras High CourtWP(MD)/15773/2018disposed of

P.Manivel. S/O.Pitchai, v. The Revenue Divisional Officer

2018-07-19Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15773 of 2018 P.Manivel ... Petitioner vs.

1. The Revenue Divisional Officer, Dindigul, Dindigul District.

2. The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to correct the error carried in patta No.221 with respect to the extent of properties in Survey Nos.2049/3, 2050/1A2 and 2050/1B1 which situate at Agaram Village, Dindigul Taluk, Dindigul District based on the representation of the petitioner dated 16.08.2017.

For Petitioner : Mr.M.Benazir Begum 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 16.08.2017, seeking to correct the error carried in patta No.221 with respect to the extent of properties in Survey Nos.2049/3, 2050/1A2 and 2050/1B1 which situate at Agaram Village, Dindigul Taluk, Dindigul District, 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 https://hcservices.ecourts.gov.in/hcservices/

amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers 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 second respondent to consider the petitioner's representation dated 16.08.2017 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 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(CO) /True Copy/ Sub Assistant Registrar(CS-IV) To:

1. The Revenue Divisional Officer, Dindigul, Dindigul District.

2. The Tahsildar, Dindigul West Taluk, Dindigul, Dindigul District.

+1cc to Spl.Government Pleader Sr.No.74104 CP VB/SKN/RSK/SAR4/31.07.2018/2P/4C W.P.(MD) No.15773 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/