Ilayaraja v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM:

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

1. The District Collector, Tenkasi District, Tenkasi..

2. The Revenue Divisional Officer, Sankarankovil Division, Tenkasi District.

3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to amend the land comprised in New Survey No.896/16, Old Survey No.70/16 and New Survey No .896/17, Old Survey No.70/17 are situated at Malayankulam Village, Thiruvengadam Taluk, Tenkasi District, in Malayankulam Village revenue records as free house site patta land by replacing the wrongful disclosure of Government vacant land (Sarkar Kali manai) on the basis of the petitioner's representation dated 22.11.2024. 1/5

For Petitioner : M/s.T.Indrachithu, For Respondents : Mr.R.Raghavendran Government Advocate

ORDER

Mr.R.Raghavendran, learned Government Advocate 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 respondents 1 to 3 to amend the land comprised in New Survey No.896/16, Old Survey No.70/16 and New Survey No .896/17, Old Survey No.70/17 are situated at Malayankulam Village, Thiruvengadam Taluk, Tenkasi District, in Malayankulam Village revenue records as free house site patta land by replacing the wrongful disclosure of Government vacant land (Sarkar Kali manai) on the basis of the petitioner's representation dated 22.11.2024."

3. Heard the learned counsels on either sides and carefully perused the 2/5

materials available on record.

4. The petitioner has made a representation on 22.11.2024 to the respondents to amend the land in the subject property as free house site patta land by replacing the wrongful disclosure of Government vacant land (Sarkar kali manai).

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 consider the representation made by the petitioner and pass appropriate orders in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order. 3/5

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

1. The District Collector, Tenkasi District, Tenkasi..

2. The Revenue Divisional Officer, Sankarankovil Division, Tenkasi District.

3. The Tahsildar, Thiruvengadam Taluk, Tenkasi District.

4/5

L.VICTORIA GOWRI, J.

jbr Order made in Dated 20.01.2025 5/5