K.Muthukaruppasamy v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16267 of 2018 K.Muthukaruppasamy ... Petitioner vs.

1. The District Collector Office of the District Collectorate Virudhunagar District

2. The Block Development Officer Office of the Block Development Officer Sivakasi, Virudhunagar District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to change the petitioner's name in the property tax register maintained by the second respondent in respect of Door Numbers commenced from 3/179 to 3/197 situated in the petitioner's land having an extent of 91 Cents comprised in Ayan Punja Survey Numbers 110A/2 and 110A/2A at Kariseri Village, Thiruthangal Sub Registry, Virudhunagar Taluk, Virudhunagar District. For Petitioner :

Mr.A.Balaji For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 Mr.M.Murugan Government Advocate for R2

ORDER

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the first respondent and Mr.M.Murugan, learned Government Advocate, takes notice for the second 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 representation dated 18.06.2018 seeking to change the name in his favour in the property tax records in respect of the property bearing Door Nos.3/179 to 3/197, measuring an extent of 91 Cents, comprised in Ayan Punja Survey Nos.110A/2 and 110A/2A of Kariseri Village, Thiruthangal Sub Registry, Virudhunagar Taluk, Virudhunagar District, has not been disposed by the respondents till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

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 dispose the same in one way or the other. Non-disposal 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 dispose 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 dispose the petitioner's representation dated 18.06.2018 on its own merits and 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 as well as to the 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-I) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The District Collector, Office of the District Collectorate, Virudhunagar District.

2. The Block Development Officer, Office of the Block Development Officer, Sivakasi, Virudhunagar District.

+1CC to Mr.A.Balaji, Advocate, SR.No.74952 +1CC to the Special Government Pleader SR.No. 75147 W.P.(MD) No.16267 of 2018 25.07.2018 KRK ES/SKN/RSK/SAR 3/07.08.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/