Selvakumar v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.05.2023

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Selvakumar 2.Rajkumar ... Petitioners Vs.

The Sub Registrar, Alanganallur SRO, Vadipatti Taluk, Madurai District.

... Respondent PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondent to receive and registered the sale deed of the petitioner in respect of agriculture patta land in Sy.No.400, 400/2A, & 401/2B in Alanganallur Village, Vadipatti Taluk, Madurai District within a stipulated time on the basis of the representation dated 16.03.2023. For Petitioners : Mr.PM.Vishnuvarthanan For Respondent : Mr.P.Subbaraj Spl. Govt. Pleader 1/5

O R D E R

By consent of both the parties, this Writ Petition is taken up for final disposal.

2. The petitioners herein had given a representation to the respondent on 16.03.2023 to receive and register the sale deed of the petitioner in respect of agriculture patta land in Sy.No.400, 400/2A, & 401/2B in Alanganallur Village, Vadipatti Taluk, Madurai District. Since the said representation was not considered, the present Writ Petition has been filed.

3. It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, nonconsideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct them to consider the same within a stipulated time.

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4. In the light of the above observations, there shall be a direction to the respondents to consider the petitioners' representation dated 16.03.2023 on its own merits and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the claim of the petitioner and that it is open to the concerned respondent to consider the same on its own merits.

5. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

18.05.2023 skn Index :Yes/No Internet :Yes/No NCC : Yes / No 3/5

To The Sub Registrar, Alanganallur SRO, Vadipatti Taluk, Madurai District.

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L.VICTORIA GOWRI., J.

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