M.Dhanapal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.23102 of 2024 1.M.Dhanapal 2.P.Munusamy 3.K.Muruganantham ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.

2. The Special Commissioner And Commissioner of Land Administration, Chepauk, Chennai.

3. The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, Chennai-10.

4. The District Collector, Thanjavur District, Thanjavur.

5. The Deputy Registrar of Co-Operative Societies, Pattukottai Region, No.8, Jayaraj Complex, 2nd Floor, Pattukottai, Thanjavur District.

... Respondents 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents No 1 to 5 to grant patta/assignment in favor of the petitioners in respect of the lands situated in Paruthikottai and Uluvur villages of Tanjore district in consonance with G.O.Ms. No 514 of Revenue Department dated 24.03.1982 and by considering the petitioners' representation preferred long with other allottees of Paruthikottai and Uluvur villages of Tanjore District dated 14.10.2024 within the time that may be stipulated by this Court. For Petitioner : Mr.C.Venkatesh Kumar For Respondents : Mr.M.Muthu Manikam Government Advocate

ORDER

Mr.M.Muthu Manikam, learned Government Advocate takes notice for the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, directing the respondents No 1 to 5 to grant patta/assignment in favor of the petitioners in respect of the lands situated in Paruthikottai and Uluvur villages of Tanjore district in consonance with G.O.Ms. No 514 of Revenue Department dated 24.03.1982 and by considering the petitioners' representation 2/6

preferred along with other allottees of Paruthikottai and Uluvur villages of Tanjore District dated 14.10.2024 within the time that may be stipulated by this Court."

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner made a representation on 14.10.2024 requesting the respondents to grant patta/assignment in favor of the petitioners in respect of the lands situated in Paruthikottai and Uluvur villages of Tanjore District in consonance with G.O.Ms. No 514, Revenue Department, dated 24.03.1982. Since the same has not been considered, this writ petition has been filed.

5. 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 respondent 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 made by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking the extraordinary powers under Article 226 of the Constitution of India. 3/6

6. In view of the same, without going into the merits of this writ petition, this Court hereby direct the respondents to consider the petitioners' representation dated 14.10.2024 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of copy of this order.

7. With the above direction, the Writ Petition stands allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

15.11.2024 NCC : Yes / No (2/2) Index : Yes / No Sm 4/6

TO:-

1. The Secretary to Government, Revenue Department, Fort St. George, Chennai 600 009.

2. The Special Commissioner And Commissioner of Land Administration, Chepauk, Chennai.

3. The Registrar of Co-Operative Societies, Office of the Registrar of Co-Operative Societies, Chennai-10.

4. The District Collector, Thanjavur District, Thanjavur.

5. The Deputy Registrar of Co-Operative Societies, Pattukottai Region, No.8, Jayaraj Complex, 2nd Floor, Pattukottai, Thanjavur District.

7. The Village Administrative Officer, Vengarai Village, Thanjavur District.

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L.VICTORIA GOWRI, J.

Sm Order made in (2/2) Dated 15.11.2024 6/6