K.Periyasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Periyasamy ... Petitioner Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3. The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.

... 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 consider and pass appropriate orders on the petitioner's representation dated 09.01.2024 and 04.07.2024 with regard to granting patta for 0.14.5 ares comprised in S.No. 342/14, situated at Piranthani Village, Avudaiyarkovil Taluk, Pudukkottai District within a time frame that may be stipulated by this Court. 1/6

For Petitioner : Mr.B.S.Meltiue For Respondents : Mr.A.Kannan Additional Government Pleader

ORDER

This writ petition has been filed seeking for a direction to the third respondent to consider and pass appropriate orders on the petitioner's representations dated 09.01.2024 and 04.07.2024 with regard to granting patta for 0.14.5 ares comprised in S.No.342/14, situated at Piranthani Village, Avudaiyarkovil Taluk, Pudukkottai District within a time frame that may be stipulated 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.

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4. The petitioner made representations dated 09.01.2024 and 04.07.2024 to grant patta for the property comprised in S.No.342/14, measuring to an extent of 0.14.5 ares situated at Piranthani Village, Avudaiyarkovil Taluk, Pudukkottai District. Since the same has not been considered, this writ petition has been filed.

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 09.01.2024 and 04.07.2024 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.

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

02.01.2025 NCC : Yes / No Index : Yes / No Sm 4/6

TO:-

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Aranthangi, Pudukkottai District.

3. The Tahsildar, Avudaiyarkovil Taluk, Pudukkottai District.

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L.VICTORIA GOWRI, J.

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