N.Mathiyalagan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17487 of 2018 N.Mathiyalagan ... Petitioner vs.

1.The District Collector, Karur District, Karur.

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

3.The Thasildar, Karur Taluk, Karur 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 consider and pass order on the petitioner's petition dated 11.06.2018 within a stipulated time as fixed by this Court after giving opportunity to the persons interested. For Petitioner :

Mr.N.Anandkumar 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 11.06.2018, seeking reason for the rejection of his online application dated 21.08.2017 for separate 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 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. https://hcservices.ecourts.gov.in/hcservices/

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 11.06.2018 on its own merits and take further action in accordance with law, within a period of three months from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner 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 (WRITS) /True Copy/ Sub Assistant Registrar (CS-I) To:

1.The District Collector, Karur District, Karur.

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

3.The Thasildar, Karur Taluk, Karur District.

+1CC TO MR.N.ANANDA KUMAR, ADVOCATE IN SR.NO.77188. +1CC TO THE SPECIAL GOVERNMENT PLEADER IN SR.No.77462. CP DS RSK SAR-1;05.09.2018; 2P/6C W.P.(MD) No.17487 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/