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Madras High CourtWP(MD)/16076/2018disposed of

V.Perumal, v. The Tahsildar,

2018-07-24Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16076 of 2018 V.Perumal ... Petitioner vs.

The Tahsildar, Vedasanthur Taluk, Vedasanthur, Dindigul District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to grant patta in respect of property in S.F.Nos.428/4 to an extent of hectare 1.86.5 and 428/5 to an extent of hectare 1.90.0 situated at R.Vellodu Village, Vedasanthur Taluk, Dindigul District to his name by considering the petitioner's representation dated 05.05.2015 and 17.07.2018. For Petitioner :Mr.S.Madhavan For Respondent :Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader takes notice for the respondent.

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 representations dated 05.05.2015 and 17.07.2018 seeking to grant patta in respect of property in S.F.Nos.428/4 to an extent of hectare 1.86.5 and 428/5 to an extent of hectare 1.90.0 situated at R.Vellodu Village, Vedasanthur Taluk, Dindigul District, have 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 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. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioners' representation dated 05.05.2015 and 17.07.2018 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 done after conducting enquiry and giving due opportunity to the petitioner as well as to 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(CS-IV) To The Tahsildar, Vedasanthur Taluk, Vedasanthur, Dindigul District.

+1cc to Mr.S.Madhavan, Advocate Sr.No.74897 +1cc to Spl.Government Pleader Sr.No.74825 RMI VB/RP/SAR4/01.08.2018/2P/4C W.P.(MD) No.16076 of 2018 24.07.2018 https://hcservices.ecourts.gov.in/hcservices/