Madras High CourtWP(MD)/16292/2018disposed of

Kalanjiam, v. The Tahsildar,

2018-07-25Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16292 of 2018 Kalanjiam ... Petitioner vs.

The Tahsildar Sankarankovil Taluk Tirunelveli District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent herein to issue the Patta to the petitioner's land in Survey No.684/6, situated at Sankarankovil Taluk, Panaiyur Village, to the total extent of 3808 sq.ft., based on her representation, dated 08.02.2018.

For Petitioner :

Mr.S.Madhiralingeswaran For Respondent :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 her representation dated 08.02.2018 seeking for issuance of Patta in her favour in respect of the property comprised in Survey No.684/6 of Panaiyur Village, Sankarankovil Taluk, measuring an extent of 3808 sq.ft., has not been considered by the respondent till date and therefore, she 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 respondent is 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 his office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct him to consider the petitioner's representation 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 petitioner's representation dated 08.02.2018 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 the 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 (CS-II) /True Copy/ Sub Assistant Registrar(CS-I) To:

The Tahsildar, Sankarankovil Taluk, Tirunelveli District.

+1CC to Mr.G.Sakthi Rao, Advocate in SR.No.74796. +1CC to Special Government pleader in SR.No.75326. KRK DS/KAK/SAR-1 :06.08.2018: 2P/4C W.P.(MD) No.16292 of 2018 25.07.2018 https://hcservices.ecourts.gov.in/hcservices/