A.Pavala Malliga, v. The Commissioner Of Land

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16323 of 2018 and W.M.P.(MD) No.14510 of 2018 A.Pavala Malliga ... Petitioner vs.

1. The Commissioner of Land Administration, Chepauk, Chennai-600 005

2. The District Collector, Trichy District.

3. The District Revenue Officer, Trichy.

4. The Revenue Divisional Officer, Trichy.

5. The Tahsildar East Taluk Office Town Hall Road, Trichy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents herein to grant Patta to the petitioner's assignment land in S.No.60/3G, admeasuring 3 Acres of punja lands situated in Trichy City, Trichy Taluk, Trichy District.

For Petitioner :

Mr.Veera Kathiravan, Senior Counsel for M/s.Veera Associates For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

Mr.J.Gunaseelan Muthiah, 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 24.06.2017 seeking for issuance of Patta in her name in respect of the property comprised in S.No.60/3G, measuring an extent of 3 Acres, situated in Trichy City, Trichy Taluk, Trichy District, has not been considered by the respondents till date and therefore, she 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 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 fifth respondent to consider the petitioner's representation dated 24.06.2017 on its own merits and take further action in accordance with law, within a period of three months 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The Commissioner of Land Administration, Chepauk, Chennai-600 005.

2. The District Collector, Trichy District.

3. The District Revenue Officer, Trichy.

4. The Revenue Divisional Officer, Trichy.

5. The Tahsildar, East Taluk Office, Town Hall Road, Trichy.

+1CC to M/s.Veera Associates, Counsel for Petitioner, SR.No. 75133 +1CC to the Special Government Pleader SR.No. 75143 W.P.(MD) No.16323 of 2018 and W.M.P.(MD) No.14510 of 2018 25.07.2018 KRK ES/SKN/RSK/SAR 3/07.08.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/