Murugan 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.17 of 2025 Murugan ... Petitioner vs.
1.The District Revenue Officer, Collectorate Campus, Thoothukudi, Thoothukudi District.
2. The Revenue Divisional Officer, Revenue Divisional Office, Thiruchendhur, Thoothukudi District.
3. The Tahsildar, Taluk Office, Eral, Eral Taluk, Thoothukudi District.
... 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 rectify the wrong classification made in the petitioner's family property bearing Survey No.1153/16 - Old Survey No.988/1PT, with an extent of 4967.62 sq.ft, situated at their village of Keelakallamparai, Thenthirupperai, Eral Taluk, Thoothukudi District as 'Government 1/5
Land' during UDR Scheme and consequently direct him to issue patta to the petitioner's family members name, based on the petitioner's representation dated 03.12.2024.
For Petitioner : Mr.R.Murugappan For R1 to R3 : Mr.Raghavendran 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 1st respondent to rectify the wrong classification made in the petitioner's family property bearing Survey No.1153/16 - Old Survey No.988/1PT, with an extent of 4967.62 sq.ft, situated at Keelakallamparai Village, Thenthirupperai, Eral Taluk, Thoothukudi District as 'Government Land' during UDR Scheme and consequently direct him to issue patta in the names of the petitioner's family members, 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 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, within a period of twelve 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, Thoothukudi, Thoothukudi District.
2. The Revenue Divisional Officer, Revenue Divisional Office, Thiruchendhur, Thoothukudi District.
3. The Tahsildar, Taluk Office, Eral, Eral Taluk, Thoothukudi District.
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L.VICTORIA GOWRI, J.
bala ORDER MADE IN DATED : 03.01.2025 5/5