V.S.Baskarraja v. The Revenue Divisional Officer Cum Sub Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.S.Baskarraja ... Petitioner Vs.

1. The Revenue Divisional Officrr cum Sub Collector, Sivakasi, Virudhunagar District.

2. The Tahsildhar, Rajapalayam Taluk, Virudhunagar District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the 1st respondent to dispose the petitioner's appeal petition dated 29.09.2023 seeking to issue patta in favour of the petitioner in respect of the property in Survey No. 408/3, 493, 494/4 and 407/3 situated at North Venkanallur Village, Rajapalayam Taluk, Virudhunagar District.

For Petitioner : Mr. R.J.Karthick For Respondent : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

Mr.A.Kannan, learned Additional Government Pleader takes notice for the respondents. By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2. The prayer in the Writ Petition reads as follows:- "To issue a Writ of Mandamus, to direct the 1st respondent to dispose the petitioner's appeal petition dated 29.09.2023 seeking to issue patta in favour of the petitioner in respect of the property in Survey No. 408/3, 493, 494/4 and 407/3 situated at North Venkanallur Village, Rajapalayam Taluk, Virudhunagar District."

3. Heard the learned counsels on either sides and carefully perused the materials available on record.

4. The petitioner has preferred an appeal petition dated 29.09.2023, seeking to issue patta to the petitioner with respect to the subject property . Since, no action was taken by the respondents, the present writ petition came to be filed.

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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. Without going into the merits of this case, this Court hereby direct the respondents to dispose of the appeal in accordance with law, within a period of four (4) weeks from the date of receipt of a copy of this order.

7. Accordingly, this Writ Petition stands disposed of. No costs. 20.01.2025 NCC : Yes / No Index : Yes / No jbr 3/4

L.VICTORIA GOWRI, J.

jbr TO:-

1. The Revenue Divisional Officrr cum Sub Collector, Sivakasi, Virudhunagar District.

2. The Tahsildhar, Rajapalayam Taluk, Virudhunagar District.

Order made in Dated 20.01.2025 4/4