S.Karthik v. The Land Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17237 of 2018 S.Karthik ... Petitioner vs.

1. The Land Commissioner Commissioner of Land Reforms Chepauk Chennai.

2. The District Collector Dindigul District Dindigul

3. The Revenue Divisional Officer Palani Dindigul District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to pass appropriate changes in favour of the petitioner in the patta comprised in S.F.No.96/3 situated at 16 Pudur (19-Pudur) Ottanchanthiram Taluk, Dindigul District based on the petitioner's representation dated 23.12.2016 For Petitioner : Mr.M.Suresh For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, 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 his representation dated 23.12.2016 seeking to to pass appropriate changes in favour of the petitioner in the patta comprised in S.F.No.96/3 situated at 16 Pudur (19-Pudur) Ottanchanthiram Taluk, Dindigul District, has not been considered by the third respondent 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 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 23.12.2016 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 any other 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-III) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The Land Commissioner Commissioner of Land Reforms Chepauk Chennai.

2. The District Collector Dindigul District Dindigul

3. The Revenue Divisional Officer Palani Dindigul District +1cc to Mr.M.Suresh, Advocate SR.No.76967 Aav MK/RSK/SAR 4/30.08.2018/2P/5C W.P.(MD) No.17237 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/