Kubendran v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17320 of 2018 Kubendran ... Petitioner vs.

1.The Revenue Divisional Officer Sivagangai, Sivagangai District 2.The Thasildar Sivagangai Taluk Office Sivagangai, Sivagangai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the second respondent to delete the name of Chellam Natciyar from joint patta No.696 in respect of the property in Survey No.107/1, Madakulam Village, Ponnakulam Group, Sivagangai Taluk, Sivagangai District and to include my name in the same.

For Petitioner :

Mr.A.Balaji For Respondents :

Mr.V.Anand Government Advocate

ORDER

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 his representation dated 25.04.2018 seeking to delete the name of Chellam Natciyar from the joint Patta bearing No.696, in respect of the property comprised in Survey No.107/1 of Madakulam Village, Ponnakulam Group, Sivagangai Taluk, Sivagangai District and to include his name in the 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 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 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 25.04.2018 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-I) To:

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

2.The Thasildar, Sivagangai Taluk Office, Sivagangai, Sivagangai District.

+1CC to Mr.A.Balaji, Advocate, SR.No. 76856 +1CC to the Special Government Pleader SR.No. 77309 W.P.(MD) No.17320 of 2018 03.08.2018 KRK ES/SKN/RSK/SAR 1/04.09.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/