Jebaraj, 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) No.17300 of 2018 Jebaraj ... Petitioner vs.

1.The Revenue Divisional Officer Tirunelveli District, Tirunelveli 2.The Tahsildar Nanguneri, Nanguneri Taluk Tirunelveli District 3.T.R.Kallapiran ... 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 of the petitioner's representation dated 25.04.2018 seeking cancellation of patta in patt no.1021 in respect of survey No.154/1B situated at Kallikulam Village, Nanguneri Taluk, Tirunelveli District, within a stipulated time. For Petitioner :

Mr.R.Pon Karthikeyan For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 & R2

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents 1 and 2. Notice to the third respondent 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 representation dated 25.04.2018 with regard to cancellation of Patta bearing No.1021, in respect of the property comprised in Survey No.154/1B of Kallikulam Village, Nanguneri Taluk, Tirunelveli District, has not been disposed by the official 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 is made, the official respondents are duty bound to dispose the same in one way or the other. Non-disposal of the same would amount to dereliction of ordinary duties of their office and as such, this https://hcservices.ecourts.gov.in/hcservices/

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 first respondent to dispose the petitioner's representation dated 25.04.2018 on its own merits and 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 giving due opportunity to the petitioner as well as to the third respondent and any other persons who may be interested in the subject matter.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To:

1.The Revenue Divisional Officer, Tirunelveli District, Tirunelveli.

2.The Tahsildar, Nanguneri, Nanguneri Taluk, Tirunelveli District.

+1cc to M/S.R.Pon Karthikeyan, Advocate SR.No. 76490 +1cc to Special Government Pleader, SR.No. 77034 W.P.(MD) No.17300 of 2018 02.08.2018 krk JM/SKN RSK/SAR 2/13.08.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/