U.L.Gopi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2024

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI U.L.Gopi ... Petitioner Vs.

1.The District Collector, Collectorate, Madurai, Madurai District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Madurai.

3.The Tahsildar, Madurai East Taluk Office, Madurai District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the third respondent to issue patta in the petitioner's name in Survey No.30/1 new SF no.30/1A1A. 30/1B, 30/1C, 30/1D total extent for 0.13.5 hectare, 33 cents of land in Ilanthaikulam Village, Madurai East Taluk, Madurai District, based on the 1/5

petitioner's representation dated 23.10.2024 within a time frame to be stipulated by this Court.

For Petitioner : Mr.K.Neelamegam For Respondents : Mr.R.Ragavendran, Government Advocate

ORDER

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

2. The present writ petition has been filed seeking direction to the third respondent to issue patta in the petitioner's name in Survey No.30/1 New SF Nos.30/1A1A. 30/1B, 30/1C, 30/1D to an total extent for 0.13.5 hectare, 33 cents of land in Ilanthaikulam Village, Madurai East Taluk, Madurai District, based on the petitioner's representation dated 23.10.2024.

3. The petitioner has made a representation to the third respondent on 23.10.2024 seeking to issue patta in his name in Survey No.30/1 New SF Nos. 30/1A1A. 30/1B, 30/1C, 30/1D to the total extent of 0.13.5 hectare, 33 cents of 2/5

land in Ilanthaikulam Village, Madurai East Taluk, Madurai District. Since the same was not considered by the respondents, the present writ petition came to be filed.

4. Heard the learned Counsels on either sides. Carefully perused the materials available on record.

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. Without going into the merits of this case, this Court hereby direct the third respondent to consider the petitioner's representation dated 23.10.2024 and pass appropriate orders on merits and in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order. 3/5

7. Accordingly, this Writ Petition stands disposed of. No costs. 15.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes TSG To 1.The District Collector, Collectorate, Madurai, Madurai District.

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Office, Madurai.

3.The Tahsildar, Madurai East Taluk Office, Madurai District.

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L.VICTORIA GOWRI, J.

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