Bala v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16646 of 2018 Bala ... Petitioner vs.

1. The District Revenue Officer, Collectorate Complex, Karur, Karur District.

2. The Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tahsildar, Kulithalai, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the first respondent to rectifying the mistake happened during UDR scheme relating to S.Nos.112/4, 42/5, 33/5, 33/3, patta No.318, Patta No.1014 situated at Kumaramangalam Revenue Village, Kulithalai Taluk, Karur District and new S.No.1179/54, Old S.No.222/1B, and patta No. is 750 at Nangavaram Revenue Village, Kulithalai Taluk, Karur District and S.Nos.61, 64, 66/1, and S.No.38 patta No.304, 53 and 420 situated at Maruthur North Village, Kulithalai Taluk, Karur District by considering the petitioner's representation dated 28.05.2018.

For Petitioner :

Mr.R.Murugappan For Respondents :

Mr.J.Gunaseelanmuthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelanmuthiah, 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. https://hcservices.ecourts.gov.in/hcservices/

3.

It is the grievance of the petitioner that his representation dated 28.05.2018 seeking to rectify the mistake happened during UDR scheme, 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 this writ petition, there shall be a direction to the first respondent to consider the petitioner's representation dated 28.05.2018 on its own merits and take further action in accordance with law, within a period of four 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 and 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 (Crl.side) /True Copy/ Sub Assistant Registrar (CS-IV) To:

1. The District Revenue Officer, Collectorate Complex, Karur, Karur District.

2. The Revenue Divisional Officer, Kulithalai, Karur District.

3. The Tahsildar, Kulithalai, Karur District.

+ 1 CC TO Mr.R.MURUGAPPAN, ADVOCATE IN SR No. 75587 + 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 75537 RMK TE/RP/SAR-4 : 07/08/2018 : 2P/6C W.P.(MD) No.16646 of 2018 27.07.2018 https://hcservices.ecourts.gov.in/hcservices/