Pon Ashokan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.Pon Ashokan 2.Ponvivekanndan 3.Ponsagadevan 4.Ponyaganathan ... Petitioners Vs.

1.The District Collector, Tenkasi District, Tenkasi.

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

3.The Tahsildar, Alangulam Taluk, Tenkasi District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 2nd respondent to consider and pass order on the representation of the petitioners, dated 29.12.2023 and 12.02.2024 with respect to the transfer and Patta for the lands situated in Alankulam Taluk, Pethanadpatti, Ward 2, Village in Survey No.99/10 to an extent of 0.31.50 Hec after giving an 1/5

opportunity to the petitioners as well as Ponjagadeesan in whose name Patta presently stands.

For Petitioners : Mr.P.Nethaji For Respondents : Mr.A.Kannan, Additional Government Pleader *****

ORDER

By consent of both the parties, this writ petition is taken up for final hearing at the admission stage itself.

2.This Writ petition is filed to direct the 2nd respondent to consider and pass order on the representation of the petitioners, dated 29.12.2023 and 12.02.2024 with respect to the transfer and Patta for the lands situated in Alankulam Taluk, Pethanadpatti, Ward 2, Village in Survey No.99/10 to an extent of 0.31.50 Hec after giving an opportunity to the petitioners as well as Ponjagadeesan in whose name Patta presently stands. 3.Heard the learned counsels on either sides and carefully perused the materials available on record.

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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 of this case, this Court hereby direct the 2nd respondent to consider the petitioners' representations dated 29.12.2023 and 12.02.2024 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.

6.With the above directions, this writ petition is disposed of. No costs. 02.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml 3/5

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

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

3.The Tahsildar, Alangulam Taluk, Tenkasi District.

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L.VICTORIA GOWRI, J.

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