Shanmugam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17299 of 2018 Shanmugam ... Petitioner vs.

1. The District Collector Trichy District, Trichy

2. The Revenue Divisional Officer Revenue Divisional Office Musiri, Trichy District

3. The Tahsildar Thottiyam Taluk Trichy District ` ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider the representation of the petitioner, dated 16.07.2018 for change of Patta within a stipulated time. For Petitioner :

Mr.K.Gokul For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, 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 16.07.2018 with regard to change of Patta, 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 third respondent to consider the petitioner's representation dated 16.07.2018 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(crl side) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The District Collector, Trichy District, Trichy.

2. The Revenue Divisional Officer, Revenue Divisional Office, Musiri, Trichy District.

3. The Tahsildar, Thottiyam Taluk, Trichy District.

+1cc to Mr.K.Gokul, Advocate Sr.No.76510 +1cc to Spl.Government Pleader Sr.No.77030 KRK VB/KAK/SAR3/13.08.2018/2P/6C W.P.(MD) No.17299 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/