Meyyaraja v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.01.2025 CORAM :

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD)No.3 of 2025 Meyyaraja ... Petitioner vs.

1.The District Revenue Officer, Collectorate Campus, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Taluk Office, Thiruchuli, Virudhunagar District.

4. Muthu ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to cancel the patta bearing Patta No.410 stands in the name of the 4th respondent for the Government poramboke land ''ifg;gw;wpy; ,y;yhjJ'' 1/5

Survey No.113/27, an extent of 9 cents, situated at the petitioner's village of Pulvaikarai Revenue Village, Thiruchuli Taluk, Virudhunagar District, as the patta was wrongly issued during UDR scheme based on the petitioner's representation dated 03.12.2024. For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.R.Raghavendran, Government Advocate

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. Considering the limited scope of relief sought for, notice to the 4th respondent is dispensed with. 2.

This Writ Petition is filed, seeking to direct the 1st respondent to cancel the patta bearing Patta No.410, which was wrongly issued during UDR scheme in favour the 4th respondent, in respect of the Government poramboke land in Survey No.113/27, measuring to an extent of 9 cents, situated at Pulvaikarai Revenue Village, Thiruchuli Taluk, Virudhunagar District, based on the petitioner's representation dated 03.12.2024.

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3.

Heard the learned counsel appearing for the petitioner, the learned Government Advocate appearing for the respondents 1 to 3 and carefully perused the entire materials available on record. 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, 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. 5.

Without going into the merits, this Court hereby direct the respondents to consider the petitioner's representation dated 03.12.2024 and pass appropriate orders in accordance with law, after putting the petitioner, as well as the 4th respondent, within a period of six weeks from the date of receipt of copy of this order. 3/5

6.

Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

03.01.2025 Index : Yes / No bala To 1.The District Revenue Officer, Collectorate Campus, Virudhunagar, Virudhunagar District.

2. The Revenue Divisional Officer, Revenue Divisional Office, Aruppukottai, Virudhunagar District.

3. The Tahsildar, Taluk Office, Thiruchuli, Virudhunagar District.

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L.VICTORIA GOWRI, J.

bala ORDER MADE IN DATED : 03.01.2025 5/5