Mookkan v. The District Revenue 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.17482 of 2018 Mookkan ... Petitioner vs.

1. The District Revenue Officer, Collectorate, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Viralimalai Taluk, Pudukkottai District.

... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the first respondent to dispose of the petitioner's representation dated 27.04.2018 seeking correction of the wrong entry made in the UDR and patta in respect of survey No.53, 53/2A, 2B, 2C, 5A, 5B, 6A, 6B, 6C, 6D, 6E, 55/1, 2, 3, 4 of Poiyamani Village, Viralimalai Taluk, Pudukkottai District, within a time frame that may be stipulated by this Court.

For Petitioner : Mr.R.Pon Karthikeyan For Respondents : Mr.V.Anand, Government Advocate.

O R D E R

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 27.04.2018, seeking to correct the wrong entry made in the UDR and patta in respect of survey No.53, 53/2A, 2B, 2C, 5A, 5B, 6A, 6B, 6C, 6D, 6E, 55/1, 2, 3, 4 of Poiyamani Village, Viralimalai Taluk, Pudukkottai District, has not been considered by the first respondent 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 dispose the same https://hcservices.ecourts.gov.in/hcservices/

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 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 27.04.2018 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 conducting enquiry and 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 (T&P) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The District Revenue Officer, Collectorate, Pudukkottai, Pudukkottai District.

2. The Tahsildar, Viralimalai Taluk, Pudukkottai District.

+1cc to Mr.R.Pon Karthikeyan, Advocate SR.No.76928 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.77306 Cp MK/RP/SAR 1/06.09.2018/2P/5C W.P.(MD) No.17482 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/