Mohammed Meeran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Mohammed Meeran 2.Allah Pitchai ... Petitioners Vs.
1. The District Collector, Pudukottai District.
2. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.
3. The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
4. Bosedeen ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to change the patta in petitioner's name with respect to the properties in Sy.Nos. 398/4, 131/25, 131/27, 135/8A, 151/3B, 151/2B, 151/9, 153/7, 153/8, 153/6, 695/3, 153/11, 151/4B, 664/4A, 664/2A, 548/1 and 137/1 Perungalur Village, Pudukottai Taluk and Pudukottai District and to change the patta in the name of the 2nd petitioner with respect to the properties in Sy.No. 398/4, 958/1 and 214/14 1/6
Perungalur Village, Pudukottai Taluk and Pudukottai District by considering our representation dated 05.11.2024.
For Petitioners : Mr.R.Balakrishnan For Respondents : Mr.R.Ragavendran (R1 to R3) Government Advocate
ORDER
This writ petition has been filed seeking for a direction to the respondents 1 to 3 to consider the petitioners' representation dated 05.11.2024 to effect mutation of patta with respect of the subject properties in Sy.Nos. 398/4, 131/25, 131/27, 135/8A, 151/3B, 151/2B, 151/9, 153/7, 153/8, 153/6, 695/3, 153/11, 151/4B, 664/4A, 664/2A, 548/1 and 137/1 Perungalur Village, Pudukottai Taluk and Pudukottai District and Sy.No. 398/4, 958/1 and 214/14 Perungalur Village, Pudukottai Taluk and Pudukottai District in the names of the petitioners.
2. Considering the limited scope of the relief sought for in this writ petition, notice to the fourth respondent is dispensed with. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.
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3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.
4. When the matter is taken up for hearing, the learned Government Advocate appearing for the respondents submitted that if the petitioners make an online application, it would be considered.
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 the case, this Court hereby direct the petitioners to make an online application to the respondents seeking for the aforesaid relief and on receipt of the same, the official respondents are directed to consider the same and pass appropriate orders on merits and in accordance with law, after affording opportunity of 3/6
hearing to the petitioners and the fourth respondent, 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 disposed of. There shall be no order as to costs.
06.12.2024 NCC : Yes / No (2/2) Index : Yes / No 4/6
TO:-
1. The District Collector, Pudukottai District.
2. The Revenue Divisional Officer, Pudukkottai, Pudukkottai District.
3. The Tahsildar, Pudukkottai Taluk, Pudukkottai District.
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L.VICTORIA GOWRI, J.
Sm Order made in (2/2) Dated 06.12.2024 6/6