R.Parvathi 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.17508 of 2018 R.Parvathi ... Petitioner vs.

1.The District Collector, Sivagangai District.

Sivagangai.

2.The Tahsildar, Illyangudi Taluk Office, Sivagangai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent that to consider the petitioner's representation dated 28.12.2017 and consequently to grant patta in the name of the petitioner in respect of the property in old survey No. 394/8, New Survey No.834/34, to an extent of 0.01.50 Ares, situating in Salaigramam Revenue Group, Ilayangudi Taluk, Sivagangai District by rectifying the wrong entry made in the revenue records of the above mentioned property within the time limit that may be stipulated by this Hon'ble Court.

For Petitioner :Mr.M.S.Jeyakarthik For Respondents :Mr.V.Anand, Government Advocate

ORDER

Mr.V.Anand, 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 her representation dated 28.12.2017 seeking to rectify the mistake occurred in revenue records, has not been considered by the second respondent 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 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 https://hcservices.ecourts.gov.in/hcservices/

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 28.12.2017 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 giving due opportunity to the petitioner as well as to 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 (CO) /True Copy/ Sub Assistant Registrar(CS-IV) To 1.The District Collector, Sivagangai District.

Sivagangai.

2.The Tahsildar, Illyangudi Taluk Office, Sivagangai District.

+1CC to Mr.M.S.Jeyakarthik, Advocate in SR.No.77218. +1CC to Special Government Pleader in SR.No.77304. DSK DS/RSK/SAR-4 :14.08.2018: 2P/5C W.P.(MD) No.17508 of 2018 03.08.2018 https://hcservices.ecourts.gov.in/hcservices/