P.Sakthivel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI P.Sakthivel ... Petitioner Vs.

1. The District Collector, O/o.The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, O/o.District Revenue Officer, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar, Vedasandur Taluk, Dindigul District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 4 to rectify the mistakes made in the UDR and to issue Patta in the name of the petitioner's grandmother namely Chinnammal after deleting the name of 'Baganatham School Trust Manager' in the Patta No. 1961 in respect of the property 1/6

comprised in Survey No. 251, situated at Baganatham Village, Vedasandur Taluk, Dindigul District, by considering the petitioner's representation dated 26.10.2024, within a stipulated period that may be fixed by this Court. For Petitioner : Mr.S.Senthil Kumar For Respondents : Mr.M.Muthumanickam Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the respondents 1 to 4 to rectify the mistakes made in the UDR and to issue Patta in the name of the petitioner's grandmother namely Chinnammal after deleting the name of 'Baganatham School Trust Manager' in Patta No. 1961 in respect of the property comprised in Survey No. 251, situated at Baganatham Village, Vedasandur Taluk, Dindigul District, by considering the petitioner's representation dated 26.10.2024, within a stipulated period that may be fixed by this Court.

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

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

4. The petitioner made a representation dated 26.10.2024 to rectify the mistakes made in the UDR and to issue patta in the name of the petitioner's grandmother namely Chinnammal, after deleting the name of 'Baganatham School Trust Manager' in Patta No. 1961 in respect of the property comprised in Survey No. 251, situated at Baganatham Village, Vedasandur Taluk, Dindigul 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. 3/6

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 26.10.2024 and pass appropriate orders on merits and in accordance with law, within a period of eight 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 4/6

TO:-

1. The District Collector, O/o.The District Collector, Dindigul District, Dindigul.

2. The District Revenue Officer, O/o.District Revenue Officer, Dindigul District, Dindigul.

3. The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Palani, Dindigul District.

4. The Tahsildar, Vedasandur Taluk, Dindigul District.

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 02.01.2025 6/6