S. Mariselvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and W.M.P.(MD)No.24788 of 2024 1.S.Mariselvam 2.P.Balakrishnan ... Petitioners Vs.

1. The District Collector, Madurai District, Madurai.

2. The District Revenue Officer, Madurai District, Madurai.

3. The Revenue Divisional Officer, Melur, Madurai District. .

4. The Thasildar, Melur 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 consider the petitioners' representation dated 22.10.2024 and to delete the entry as 1/4

Government Land in S.Nos.145/2, 130/1, 130/2 to an extent of 4 Ares 76 cents situated at Ambalakaranpatti Village, Melur Taluk, Madurai District and to restore Joint patta in petitioners' name.

For Petitioners : Mr.S.Madhavan 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 petitioners' representation dated 22.10.2024 to delete the entry as Government Land in S.Nos.145/2, 130/1, 130/2 to an extent of 4 Ares 76 cents situated at Ambalakaranpatti Village, Melur Taluk, Madurai District and to restore the joint patta in petitioners' name.

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.

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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, 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.

5. In view of the same, without going into the merits of the case, this Court hereby direct the respondents to consider the petitioners' representation dated 22.10.2024 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.

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

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

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Madurai District, Madurai.

2. The District Revenue Officer, Madurai District, Madurai.

3. The Revenue Divisional Officer, Melur, Madurai District. .

4. The Thasildar, Melur Taluk, Madurai District.

Order made in Dated 06.12.2024 4/4