Perumal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Perumal ... Petitioner Vs.

1. The District Collector, Collectorate, Pudukkottai and District.

2. The Block Development Officer, Block Development Office, Village Panchayat, Aranthangi Taluk, Pudukkottai District.

3. The Panchayat President, Panchayat Office, Melappatuu, Aranthangi Taluk, Pudukkottai District.

4. Sivakumar ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 3 not to mutate any records like house tax, water tax and business tax receipt in the name of 4th 1/4

respondent on the basis of fraudulent sale deed in doc.no. 3264/2021 dated 15.09.2021 and patta no. 2333 for SF.No. 146/1A of Melappattu Village, Aranthangi Taluk, Pudukkottai District by considering the petitioner's representation dated 18.09.2024.

For Petitioner : Mr.A.Aruljenifer For Respondents : Mr.T.Amjad Khan (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 petitioner's representation dated 18.09.2024, for mutation of records pertaining to the land comprised in SF.No. 146/1A of Melappattu Village, Aranthangi Taluk, Pudukkottai District.

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.

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

2/4

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 second and third respondents to consider the petitioner's representation dated 18.09.2024 and pass appropriate orders on merits and in accordance with law, after affording opportunity of hearing to the petitioner 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 Index : Yes / No 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Collectorate, Pudukkottai and District.

2. The Block Development Officer, Block Development Office, Village Panchayat, Aranthangi Taluk, Pudukkottai District.

3. The Panchayat President, Panchayat Office, Melappatuu, Aranthangi Taluk, Pudukkottai District.

Order made in Dated 06.12.2024 4/4