P.Madhan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16074 of 2018 P.Madhan ... Petitioner vs.

1. The District Collector, Trichy.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tashildar, Thuraiyur Circle, Trichy.

4. Veerammal ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to consider the petitioner's representation dated 19.12.2017 and pass orders within the stipulate period fixed by this Court.

For Petitioner : Mr.K.Muthumalai For R1 to R3 : Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader takes notice for the respondents. Notice to the fourth respondent is dispensed with in view of nature of the order to be passed by this Court.

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 application dated 19.12.2017 seeking for issuance of patta, has not been considered by the respondents till date and therefore, he 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 application made by the petitioner. It is

needless to point out that whenever an application 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 application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's application dated 19.12.2017 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 giving due opportunity to the petitioner as well as to the fourth respondent 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 (CS-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Trichy.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tashildar, Thuraiyur Circle, Trichy.

+1cc to Mr.K.Muthumalai, Advocate SR.No.74731 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.74823 Rmi MK/RSK/SAR 2/01.08.2018/2P/6C W.P.(MD) No.16074 of 2018 24.07.2018 https://hcservices.ecourts.gov.in/hcservices/