T.Sankar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI T.Sankar ... Petitioner Vs.

1. The District Collector, O/o. the District Collector, Karur District.

2. The District Revenue Officer, O/o. the District Revenue Officer, Karur District.

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Karur District.

4. The Tahsildar, O/o. the Tahsildar, The Taluk Office, Kadavur, Karur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents to consider the representation of the petitioner dated 22.10.2024 and issue patta in favour of the petitioner.

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For Petitioner : Mr.S.Ramsundarvijayraj For Respondents : Mr.M.Muthumanickam Government Advocate

ORDER

This writ petition has been filed seeking for a direction to the respondents to consider the representation of the petitioner dated 22.10.2024 and issue patta in favour of the petitioner.

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 a representation dated 22.10.2024 to issue patta in the name of the temple in respect of the property comprised in S.No.700/7 & 700/13 situated at Keelpaguthi Village, Kadavur Taluk, Karur 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 representation dated 22.10.2024 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 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The District Collector, O/o. the District Collector, Karur District.

2. The District Revenue Officer, O/o. the District Revenue Officer, Karur District.

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Karur District.

4. The Tahsildar, O/o. the Tahsildar, The Taluk Office, Kadavur, Karur District.

Order made in Dated 02.01.2025 4/4