Madras High CourtWP(MD)/16707/2018disposed of

Inbasarumathi v. The Tahsildar

2018-07-30Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16707 of 2018 Inbasarumathi ... Petitioner vs.

The Tahsildar Trichy West Taluk Trichy Trichy District ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent to issue patta on the basis of the petitioner application dated 09.03.2015 within time frame fixed by this Hon'ble Court. For Petitioner :

Mr.T.Vadivelan For Respondent :

Mr.V.Anand Government Advocate

ORDER

Mr.V.Anand, learned Government Advocate, takes notice for the respondent.

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 09.03.2015 seeking to issue patta, has not been considered by the respondent till date and therefore, she 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 respondent to consider the petitioner's representation dated 09.03.2015 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 https://hcservices.ecourts.gov.in/hcservices/

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(W) /True Copy/ Sub Assistant Registrar(CS-III) To The Tahsildar Trichy West Taluk Trichy Trichy District.

+1CC to Mr.T.Vadivelan, Advocate, SR.No.76057 +1CC to the Special Government Pleader SR.No. 75907 W.P.(MD) No.16707 of 2018 30.07.2018 AAV ES/SKN/RSK/SAR 3/09.08.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/