M.P.Puliyan S/O.M.Puliyan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16759 of 2018 M.P.Puliyan ... Petitioner vs.

1. The District Collector Madurai District Madurai.

2. The District Revenue Officer Collectorate Complex Madurai.

3. The Revenue Divisional Officer Collectorate Complex Madurai District

4. The Tahsildar Madurai West Taluk Office Virattipathu Madurai.

5. The Tahsildar Thirupparangundram Taluk Office Thirunagar, Madurai District

6. M.P. Nagamalaiyan

7. Alagammal

8. Nagammal

9. Puliyammal 10.Veeralakshmi 11.Chandramathi ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to dispose the proceedings in O.Mu.No.54265/2016/G5 dated 27.02.2017 as per the petitioner's petition dated 15.11.2016 within a stipulated time framed by this Hon'ble Court. For Petitioner :

Mr.V.Baskaran For Respondents :

Mr.N.Shanmugaselvam No.1 to 5 Additional Government Pleader

O R D E R

Mr.N.Shanmugaselvam, learned Additional Government Pleader, takes notice for the respondents 1 to 5. Notice to the respondents 6 to 11 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 petition dated 15.11.2016 seeking to dispose his proceedings with regard to carry out mistakes in the UDR, has not been disposed by the second respondent 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 dispose 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 second respondent to dispose the petitioner's petition dated 15.11.2016 on its own merits and take further action in accordance with law, within a period of three months from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the respondents 6 to 11 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(CS-III) /True Copy/ Sub Assistant Registrar(CS-I)

To:

1. The District Collector Madurai District Madurai.

2. The District Revenue Officer Collectorate Complex Madurai.

3. The Revenue Divisional Officer Collectorate Complex Madurai District

4. The Tahsildar Madurai West Taluk Office Virattipathu Madurai.

5. The Tahsildar Thirupparangundram Taluk Office Thirunagar, Madurai District.

+1cc to Mr.V.Baskaran, Advocate Sr.No.75947 AAV VB/KAK/SAR1/07.08.2018/3P/7C W.P.(MD) No.16759 of 2018 30.07.2018