Sajithabegam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sajitha Begam ... Petitioner Vs.

1. The District Collector, Madurai.

2. The Revenue Divisional Officer, Office of Collectorate, Madurai.

3. The Tahsildar, Madurai West Taluk, Virattipathu, Madurai.

4. The Head Surveyor, Office of Madurai West Taluk, Virattipathu, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents No.3 and 4 to rectify the error in Field Map Sketch and Adangal register pertaining the lands in Natham Survey Number in S.No. 488/70 and S.No. 488/71 situated at Vilacheri Village, West Taluk, Madurai based on the petitioner's representations dated 28.10.2023 and 30.09.2024.

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For Petitioner : Mr.S.A.Ajmalkhan For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

Mr.A.Kannan, learned Additional Government Pleader 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.3 and 4 to rectify the error in Field Map Sketch and Adangal register pertaining the lands in Natham Survey Number in S.No. 488/70 and S.No. 488/71 situated at Vilacheri Village, West Taluk, Madurai based on the petitioner's representations dated 28.10.2023 and 30.09.2024."

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

4. The petitioner made representations on 28.10.2023 and 30.09.2024 to rectify the error in Field Map Sketch and Adangal register pertaining to the 2/6

lands in Natham S.No. 488/70 and S.No. 488/71 situated at Vilacheri Village, West Taluk, Madurai. 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.

6. In view of the same, without going into the merits of this writ petition, this Court hereby direct the respondents 3 and 4 to consider the petitioner's representations dated 28.10.2023 and 30.09.2024 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. It is made clear that the respondents shall consider the documents likely to be submitted by the petitioner, at the time of disposal, before passing any orders.

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7. With the above direction, the Writ Petition stands allowed. There shall be no order as to costs.

15.11.2024 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The District Collector, Madurai.

2. The Revenue Divisional Officer, Office of Collectorate, Madurai.

3. The Tahsildar, Madurai West Taluk, Virattipathu, Madurai.

4. The Head Surveyor, Office of Madurai West Taluk, Virattipathu, Madurai.

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L.VICTORIA GOWRI, J.

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