T. Chitra v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.Chitra ... Petitioner Vs.

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Thirupparankundram Taluk, Madurai District.

3. The Tahsildar, Madurai South Taluk, Madurai.

4. The Taluk Surveyor, Thirupparankundram Taluk, Madurai District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to take necessary steps to demarcate vacant land property situated in Madurai District, Madurai South Taluk, Madakkulam Village, Netaji Street, bearing Survey No. 69/1, with a measurement of 2 cents and 271-1/4 square feet based on the petitioner's application dated 15.11.2024 within a stipulated time in accordance with law. 1/4

For Petitioner : Mr.M.Raghuman Khan For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the respondents to consider the petitioner's representation dated 15.11.2024, for the purpose of demarcation of the land comprised in Survey No. 69/1, with a measurement of 2 cents and 271-1/4 square feet, situated at Netaji Street, Madakkulam Village, Madurai South Taluk, Madurai District.

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

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

4. 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, non2/4

consideration 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.

5. In view of the same, this Court hereby direct the respondents to consider the petitioner's representation dated 15.11.2024 and pass appropriate orders on merits and in accordance with law, within a period of six weeks from the date of receipt of copy of this order.

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

06.12.2024 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Madurai District, Madurai.

2. The Tahsildar, Thirupparankundram Taluk, Madurai District.

3. The Tahsildar, Madurai South Taluk, Madurai.

4. The Taluk Surveyor, Thirupparankundram Taluk, Madurai District.

Order made in Dated 06.12.2024 4/4