P.Gunasekaran v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.01.2025 CORAM :
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P(MD)No.16 of 2025 P.Gunasekaran ... Petitioner vs.
1.The District Collector, Pudukkottai District, Pudukkottai.
2. The Revenue Divisional Officer, RDO Office, Pudukkottai District.
3. The Tahsildar, Marungapuri Taluk, Trichy District.
... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to conduct an enquiry and cancelling the patta No.168 (Adaikalamary) in Illuppur Village, Kulathur Taluk, Pudukottai District, by way of considering the petitioner's representation dated 12.11.2024. For Petitioner : Mr.S.Sivakumar For R1 to R3 : Mr.A.Kannan Additional Government Pleader 1/4
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 2nd respondent to conduct an enquiry and cancel the Patta No.160, which stands in the name of one Adaikalamary with respect to the property pertaining to Patta No.160 comprised in Illuppur Village, Kulathur Taluk, Pudukottai District, by considering the petitioner's representation dated 12.11.2024.
3.
Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader 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 2/4
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 12.11.2024 and pass appropriate orders in accordance with law, after putting both the petitioner as well as the said Adaikalamary, in whose name, the Patta No.168 stands, on notice, within a period of twelve weeks from the date of receipt of copy of this order.
6.
Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
03.01.2025 Index : Yes / No bala 3/4
L.VICTORIA GOWRI, J.
bala To 1.The District Collector, Pudukkottai District, Pudukkottai.
2. The Revenue Divisional Officer, RDO Office, Pudukkottai District.
3. The Tahsildar, Marungapuri Taluk, Trichy District.
ORDER MADE IN DATED : 03.01.2025 4/4