V.Gunasekara Pandian v. The District Collector
W.P.(MD) No.19924 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.19924 of 2019 V.Gunasekara Pandian ... Petitioner vs.
1.The District Collector, District Collector Office, Virudhunagar District.
PIN 626 001.
2.The Tahsildar, Kariyapatti Taluk, Virudhunagar District, Pin. 626 106.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to issue patta in the petitioner's name to an extent of 71 cents as per registered sale deed dated 17.8.2017 purchased by the petitioner by measuring and demarcating the entire area of acres 2 cents 12 in Survey No.16/9 of Karisalkulam Village of Kariapatti Taluk by considering the petitioner's representation dated 28.6.2019. For Petitioner :
Mr.P.Paranthaman For Respondent :
Mr.M.Rajarajan Govt. Advocate
O R D E R
Mr.M.Rajarajan, learned Government Advocate, takes notice on behalf of 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 application/representation dated 28.06.2019, seeking patta for his land has not been considered by the respondents till date. Therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 1/2
W.P.(MD) No.19924 of 2019
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. 5.In view of the above, without going into the merits of the case, a direction is issued the second respondent to verify the revenue and other records as to its classification, ownership, possession, enjoyment, rival claims, civil disputes etc., in respect of the property and conduct an enquiry after affording opportunity of personal hearing to all the parties interested for the purpose of survey of the land and pass orders within a period of four weeks from the date of receipt of a copy of this order.
6. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To:
1.The District Collector, District Collector Office, Virudhunagar District.
PIN 626 001.
2.The Tahsildar, Kariyapatti Taluk, Virudhunagar District, Pin. 626 106.
+1 CC to M/s.P. PARANTHAMAN, Advocate ( SR-87397[F] dated 18/09/2019 +1 CC to M/s.SPL GP ( SR-87917[F] dated 19/09/2019 W.P.(MD) No.19924 of 2019 17.09.2019 VS MS/03.10.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2