P.Ayyadurai v. The Record Officer Cum Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06.12.2024

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Ayyadurai ... Petitioner Vs.

The Record Officer cum Tahsildar, Taluk Office, Bodinayakkanur Taluk, Theni District.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to dispose the petitioner's application in Form - V No.2/2009, New No. 5401/2022/A4, dated 14.11.2022, on the file of the respondent. For Petitioner : Mr.S.Vikram For Respondent : Mr.M.Muthu Manikkam Government Advocate

ORDER

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

2.This Writ Petition is filed, seeking to direct the respondent to 1/4

dispose the petitioner's application in Form - V No.2/2009, New No. 5401/2022/A4, dated 14.11.2022, on the file of the respondent. 3.The petitioner's application is with respect to register his name as cultivating tenant in the agriculture records. However, the same kept pending by the respondent from the year 2009. Hence, this Writ Petition is filed.

4.Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondent and carefully perused the entire 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, non-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.

6.In view of the above, this Court hereby direct the respondent to consider the petitioner's application dated 14.11.2022 and pass 2/4

appropriate orders in accordance with law within a period of eight weeks from the date of receipt of copy of this order. 7.Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

06.12.2024 NCC : Yes / No Index :

Yes / No Internet :

Yes Mrn To The Record Officer cum Tahsildar, Taluk Office, Bodinayakkanur Taluk, Theni District.

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L.VICTORIA GOWRI, J.

Mrn 06.12.2024 4/4