Rs.Padma v. The Deputy Secretary
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15787 of 2018 RS.Padma ... Petitioner vs.
1.The Deputy Secretary, Department of Revenue, Government of Tamil Nadu, Secretariat, St.Fort George, Chennai-9.
2.The Special Commissioner & Director of Survey and Settlement, Survey House, Chepauk, Chennai-5.
3.The Chief Commissioner of Land Reforms, Ehilagam, Chepauk, Chennai-5.
4.The Assistant Director, Land Survey & Settlement Department, Ramanathapuram Town & District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents herein to consider the petitioner's representation dated 26.06.2018 wherein this petitioner had requested the respondents herein to issue 'Ryotwari Patta' for the lands in Ramanathapuram District & Taluk, Pamban Group Thangachimadam, Akkamadam Villages, which is morefully described in the schedule of property herein. For Petitioner : Mr.M.Aravind Subramaniam For Respondents: Mr.N.Shanmuga Selvam, Additional Government Pleader.
ORDER
Mr.Mr.N.Shanmuga Selvam, 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 her representation dated 26.06.2018, seeking to issue Ryotwari Patta for the lands in Ramanathapuram District and Taluk, Pamban Group Thangachimadam, Akkamadam Villages in Survey Nos.679/2, 686/1, 688/1, 2, 689/1, 710/2, 711, 712/2, 644/12, 693/1, 656/2, 3,4,5,7,9, has not been considered by the respondents till date and therefore, she has filed the present writ petition.
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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 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 26.06.2018, 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 done after 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-II) To:
1.The Deputy Secretary, Department of Revenue, Government of Tamil Nadu, Secretariat, St.Fort George, Chennai-9.
2.The Special Commissioner & Director of Survey and Settlement, Survey House, Chepauk, Chennai-5.
3.The Chief Commissioner of Land Reforms, Ehilagam, Chepauk, Chennai-5.
4.The Assistant Director, Land Survey & Settlement Department, Ramanathapuram Town & District.
+1CC to Mr.M.Aravind Subramanian Advocate in SR.No.73989. CP DS/RP/SAR-2 :26.07.2018: 2P/6C W.P.(MD) No.15787 of 2018 https://hcservices.ecourts.gov.in/hcservices/ 19.07.2018