V.Perumal v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Perumal ... Petitioner Vs.

1. The District Revenue Officer, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul District.

3. The Tahsildar, Dindigul West Taluk, Dindigul.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 3rd respondent to issue patta in the name of the petitioner in survey No.300, 305, 306 and 379 to an extent of 10.50 acres situated at Nandhavanapatti Village Dindigul District based on the petitioner's representation dated 30.02.2024 and petition No.60 and 2024 dated 21.06.2024 within the stipulated period by this Court. For Petitioner : Mr.G.Radhakrishnan For Respondents : Mr.A.Kannan Additional Government Pleader 1/4

ORDER

This writ petition has been filed seeking for a direction to the third respondent to issue patta in the name of the petitioner in S.No.300, 305, 306 and 379 measuring to an extent of 10.50 acres situated at Nandhavanapatti Village, Dindigul District, based on the petitioner's representation dated 03.02.2024 and petition No.60 and 2024 dated 21.06.2024 within the stipulated period by this Court.

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 representations dated 03.02.2024 and 21.06.2024 to issue patta in the name of the petitioner in respect of the property comprised in S.Nos.300, 305, 306 and 379 measuring to an extent of 10.50 acres situated at Nandhavanapatti Village, Dindigul District. 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 representations dated 03.02.2024 and 21.06.2024 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 Revenue Officer, Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Office of the Revenue Divisional Office, Dindigul District.

3. The Tahsildar, Dindigul West Taluk, Dindigul.

Order made in Dated 02.01.2025 4/4