Sundarraj Thevar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) Nos.16526, 16527, 16528 and 16529 of 2018 Sundarraj Thevar ... Petitioner in W.P.(MD)No.16526 of 2018 Kumar ... Petitioner in W.P.(MD)No.16527 of 2018 Alagarsamy ... Petitioner in W.P.(MD)No.16528 of 2018 Kuppammal ... Petitioner in W.P.(MD)No.16529 of 2018 vs.

1. The District Collector, Ramanathapruam, Ramanathapuram District.

2. The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

Respondents in all petitions PRAYER in W.P.(MD)No.16526 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to give joint patta bearing Survey No.355/13, 353/3 part for an extent of 1.88 acres on the strength of assignment patta order dated 30.01.1976 in Kavanoor village, Thiruvadanai Taluk, Ramanathapuram District and to consider the petitioner's representation dated 11.12.2017. PRAYER in W.P.(MD)No.16527 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to give joint patta bearing Survey No.352/5 part for an extent of 0.35 cents on the strength of assignment patta order dated 30.01.

1976 in Kavanoor Village, Thiruvadanai Taluk, Ramanathapuram District and to consider the petitioner's representation dated 11.12.2017. PRAYER in W.P.(MD)No.16528 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to give patta bearing survey No.353/2 part for an extet of 0.75 cents on the strength of assignment patta order dated 30.01.1976 in Kavanoor Village, Thiruvadanai Taluk, Ramanathapuram District and to consider the petitioner's representation dated 11.12.2017.

PRAYER in W.P.(MD)No.16529 of 2018 : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the respondents to give patta bearing Survey No.352/5 part for an extent of 1.06 acres on the strength of assignment patta order dated 30.01.1976 in Kavanoor Village, Thiruvadanai Tlauk, Ramanathapuram District and to consider the petitioner's representation dated 11.12.2017. For Petitioner :

Mr.J.M.Hassanul Bazari For Respondents :

Mr.V.Anand, Government Advocate (in all writ petitions) C O M M O N O R D E R Mr.V.Anand, learned Government Advocate, 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 petitioners that their representations dated 11.12.2017 seeking to grant joint patta, has 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 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 these writ petitions, there shall be a direction to the second respondent to consider the petitioners' representations dated 11.12.2017 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 petitioners and any other persons who may be interested in the subject matter.

6. With the above directions, these writ petitions are disposed of. No costs.

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

1. The District Collector, Ramanathapruam, Ramanathapuram District.

2. The Tahsildar, Taluk Office, Thiruvadanai Taluk, Ramanathapuram District.

+4 cc TO Mr.J.M.Hassanul Bazari,Advocate in SR Nos.75521,75522, 75523,75524 +1 cc TO The Spl.Government Pleader, SR No.75655 RMK SP/VB/KAK/SAR2/07/08/2018/3P/8C W.P.(MD) Nos.16526, 16527, 16528 and 16529 of 2018 27.07.2018