Kasirajan v. The Principal Secretary To Government Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE Kasirajan ... Petitioner Vs.

1.The Principal Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, Commercial Taxes and Registration Department, Secretariat, Chennai.

3.The District Collector, Office of the District Collector, 4.The District Revenue Officer, 5.The Special District Revenue Officer, National Highways Department, Pudukkottai.

6.The Revenue Divisional Officer, Illupur Post and Taluk, 7.The Tahsildar, Kulathur Post and Taluk, 8.The Sub-Registrar, Kulathur, 9.Paulraj 10.Hendry 11.Ganapathi 12.Arockiya Das 13.Joseph Francis ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 4, 6 to 8 to restore the vari in S.Nos.190/1, 190/8A, 190/9, 190/10B, 190/11, 190/11B, Mathur Village, Kulathur Taluk, Pudukkottai District by cancelling the order of assignment patta and sale deed executed among respondents No.9 to 13 as Government Poromboke land.

For Petitioner : Mr.P.Ganapathi Subramanian For R-1 to R-8 : Mr.P.Thilak Kumar Government Pleader

ORDER

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

2. This Writ Petition has been filed for a Mandamus to direct the respondents 4, 6 to 8 to restore the Vari in S.Nos.190/1, 190/8A, 190/9, 190/10B, 190/11, 190/11B, Mathur Village, Kulathur Taluk, Pudukkottai District by cancelling the order of assignment patta and sale deed executed among respondents 9 to 13 as Government Poromboke land.

3. Since no adverse orders are going to be passed against the respondents 9 to 13, notice to the respondents 9 to 13 is hereby dispensed with.

4. The petitioner herein had given a representation to the official respondents on 02.08.2024 to restore the Vari in the aforesaid lands by cancelling the order of assignment patta and sale deed executed among respondents 9 to 13 as Government Poromboke land. Since the said representation was not considered, the present Writ Petition has been filed.

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 him 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 by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of the India and direct them to consider the same within a stipulated time.

6. In the light of the above observations, there shall be a direction to the respondents 1 to 8 herein to consider the petitioner's representation dated 02.08.2024, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the respondents 9 to 13, as well as all other persons, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondents to consider the same on its own merits.

7. With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs.

(M.S.R.,J.) (A.D.M.C.,J.) 10.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Principal Secretary to Government of Tamil Nadu, Revenue and Disaster Management Department, Secretariat, Chennai.

2.The Principal Secretary to Government of Tamil Nadu, Commercial Taxes and Registration Department, Secretariat, Chennai.

3.The District Collector, Office of the District Collector, 4.The District Revenue Officer, 5.The Special District Revenue Officer, National Highways Department, Pudukkottai.

6.The Revenue Divisional Officer, Illupur Post and Taluk,

7.The Tahsildar, Kulathur Post and Taluk, 8.The Sub-Registrar, Kulathur,

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 10.12.2024