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Madras High CourtWP(MD)/17479/2018disposed of

Arockiyammal v. The District Collector,

2018-08-03Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17479 of 2018 Arockiyammal ... Petitioner vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Taluk, Dindigul District.

3.The Tashildar, Taluk Office(V), Dindigul District.

4.Arokia Arputham ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents to consider the petitioner's representation dated 25.06.2018 and initiate necessary action to cancel the patta in Patta No.1067 and make necessary rectifications for the S.No.738/3 of the Thottanoothu Village with a time frame as stipulated by this Court. For Petitioner :

Mr.S.Sarvagan Prabhu For R-1 to R-3 :

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. Notice to the fourth respondents 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 her representation dated 25.06.2018, seeking to cancel the patta in Patta No.1067 and make necessary rectifications for the S.No.738/3 of the Thottanoothu Village, Dindigul Taluk, Dindigul District, has not been considered by the respondents 1 to 3 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 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 second respondent to consider the petitioner's representation dated 25.06.2018 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 to the fourth respondent and 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(C.O) /True Copy/ Sub Assistant Registrar(CS-I) cp To:

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul Taluk, Dindigul District.

3.The Tashildar, Taluk Office(V), Dindigul District.

+1cc to Mr.D.Selvaraj, Advocate SR No.77089 +1cc to Special Government Pleader, Advocate SR No.77478 W.P.(MD) No.17479 of 2018 DS(NM)/SKN/SAR 1/12.09.18/3P/8C https://hcservices.ecourts.gov.in/hcservices/