Palpandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

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

1. The District Collector, Office of the District Collector, Theni District.

2. The District Revenue Officer, Office of the District Collectorate, Theni District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional, Periyakulam, Theni District.

4. Tahsildar, Periyakulam Taluk, Theni District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd and 4th respondents herein to change the patta back to the name of temple by considering petitioner's representation dated 27.09.2024.

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For Petitioner : Mr.B.Fazilkirmani For Respondents : Mr.M.Muthumanickam Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the 3rd and 4th respondents herein to change the patta back to the name of temple by considering petitioner's representation dated 27.09.2024.

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

3. Heard the learned counsel on both sides and carefully perused the entire materials available on record.

4. The petitioner made a representation dated 27.09.2024 to change the name in patta in name of the temple 'Oorukalasamy' in respect of the property comprised in S.No.36, mesauring to an extent of 1.10 hectares situated at Gulllapuram Village, Periyakulam Taluk. Since the same has not been considered, this writ petition has been filed. 2/4

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. In view of the same, this Court, without going into the merits of the case, direct the respondents to consider the petitioner's representation dated 27.09.2024 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

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

02.01.2025 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, Office of the District Collector, Theni District.

2. The District Revenue Officer, Office of the District Collectorate, Theni District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional, Periyakulam, Theni District.

4. Tahsildar, Periyakulam Taluk, Theni District.

Order made in Dated 02.01.2025 4/4