Thattangaruppi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No. 17102 of 2018 Thattangaruppi ... Petitioner vs.

1. The District Collector, Dindigul District.

2. The Thasildar, Natham Taluk, Dindigul District.

3. The Taluk Surveyor, Natham Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the 2nd respondent to consider the application given by the petitioner bearing Can No.0331313040122 and application No.2018/0105/13/060875 dated 15.06.2018 given for issuance of sub division patta transfer in the name of the petitioner after measuring the property situated in S.No.226-1A in Sathampadi Village, Natham, Dindigul District, within the time stipulated by this Court.

For Petitioner :

Mr.M. Gnanagurunathan 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.

3. It is the grievance of the petitioner that his representation dated 15.06.2018 seeking for issuance of sub division patta transfer in the name of the petitioner after measuring the property situated in S.No.226-1A in Sathampadi Village, Natham, Dindigul District, has not been considered by the 2nd 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 https://hcservices.ecourts.gov.in/hcservices/

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 2nd respondent to consider the petitioner's representation dated 15.06.2018 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 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 (Writs) /True copy/ Sub Assistant Registrar (CS-I) To:

1. The District Collector, Dindigul District.

2. The Thasildar, Natham Taluk, Dindigul District.

3. The Taluk Surveyor, Natham Taluk, Dindigul District.

+1cc to Mr.M.GNANAGURUNATHAN, Advocate, SR.No.76320 +1cc to M/s.Special Government Pleader,SR.No.76590 W.P.(MD) No.17102 of 2018 01.08.2018 KSA KK/RP/SAR-1/04.09.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/