Maniom Rep.By His Poweragent v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16495 of 2018 and W.M.P.(MD) No.14617 of 2018 Maniom Represented by his Power Agent Mariyappan, S/o.Allathan, 34, 2nd Street Ganthinagar East, Sankarankovil 627756, Tirunelveli District.

... Petitioner vs.

1. The District Revene Officer, Tirunelveli, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3. The Tahsildar, Sankarankovil, Tirunelveli District.

4.Mani 5.Sekar ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 to 3 to take necessary action to correct the revenue records on the basis of Mr.Maniom's representation dated 20.06.2018 and speed up the enquiry.

For Petitioner : Mr.J.Balameenakshi For Respondents : Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, learned Additional Government Pleader, takes notice for the respondents 1 to 3. Notice to the respondents 4 and 5 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 representation dated 20.06.2018 seeking for necessary action to correct the revenue records, has not been considered by the respondents 1 to 3 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 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 third respondent to consider the petitioner's representation dated 20.06.2018 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 respondents 4 and 5 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. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar (CS-I)

To:

1. The District Revene Officer, Tirunelveli, Tirunelveli District.

2. The Revenue Divisional Officer, Tirunelveli, Tirunelveli District.

3. The Tahsildar, Sankarankovil, Tirunelveli District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 75533 SJI TE/RP/SAR-1 : 10/08/2018 : 3P/5C W.P.(MD) No.16495 of 2018 and W.M.P.(MD) No.14617 of 2018 26.07.2018