A.Shahul Hameedh v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No17297 of 2018 A.Shahul Hameedh ... Petitioner vs.

1. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Melur Taluk, Madurai District.

2. The Thasildar, Melur Taluk, Madurai 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 consider my representation, dated 17.04.2018 and further direct them to conduct the enquiry in respect of patta changed for my inherited property in old s/no.307/1, New S/No.307/1A1APT, S/No.154 at Melur by the second respondent, dated 03.03.2014, without my consent, within a stipulated time. For Petitioner :

Mr.S.A.S.Alaudeen For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special 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 17.04.2018 with regard to change of Patta in respect of the property, comprised in Old Survey No.307/1, New Survey Nos.307/1A1APT and 154 of Melur Village, 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 https://hcservices.ecourts.gov.in/hcservices/

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 17.04.2018 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 to the 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-II) To:

1. The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Melur Taluk, Madurai District.

2. The Thasildar, Melur Taluk, Madurai District.

+ 2 CC TO Mr.S.A.S.ALAVDEEN, ADVOCATE IN SR No. 76472 KRK TE/KAK/SAR-2 : 16/08/2018 : 2P/5C W.P.(MD) No17297 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/