P.Mariyammal 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. 17077 of 2018 P. Mariyammal ... Petitioner vs.

1. The District Collector, Collectorate, Thanjavur District.

2. The District Revenue Officer, Collectorate, Thanjavur District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur Division, Thanjavur District.

4. The Tahsildhar, Thiruvaiyaru Taluk, Thanjavur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to issue the computerized online patta by considering petitioner's representation dated 30.05.2018 to the 4th respondent within the time frame stipulated by this Court. For Petitioner :

Mr.G.Sakthi Rao For Respondents :

Mr.V.Anand, Government Advocate.

O R D E R

Mr.V. Anand, learned Government Advocate, 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 her representation dated 30.05.2018 seeking to issue the computerized online patta has not been considered by the fourth respondent till date and therefore, she 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 fourth respondent to consider the petitioner's representation dated 30.05.2018 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 (CS-II) /True Copy/ Sub Assistant Registrar (CS-I) To:

1. The District Collector, Collectorate, Thanjavur District.

2. The District Revenue Officer, Collectorate, Thanjavur District.

3. The Revenue Divisional Officer, Revenue Divisional Office, Thanjavur Division, Thanjavur District.

4. The Tahsildhar, Thiruvaiyaru Taluk, Thanjavur District.

+ 1 CC TO SPECIAL GOVERNMENT PLEADER IN SR No. 76539 + 1 CC TO Mr.G.SAKTHI RAO, ADVOCATE IN SR No. 76137 KSA TE/RP/SAR-1 : 03/09/2018 : 2P/7C W.P.(MD) No.17077 of 2018 01.08.2018 https://hcservices.ecourts.gov.in/hcservices/