Esakkipandian 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.15 of 2025 Esakkipandian ... Petitioner vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Palyamkottai Taluk, District Collector Office, Tirunelveli District.

3. The Tahsildar, Palayamkottai Taluk, Tirunelveli 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 issue patta to the petitioner in respect of the property situated in S.No. 490 at Munnerpallam Village, Palayamkottai Taluk, Tirunelveli District, on the basis of the petitioner's representation dated 31.08.2024 within the time frame fixed by this Court.

1/5

For Petitioner : Mr.S.Pandiyaraj For R1 to R3 : Mr.A.Kannan Additional Government Pleader

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 respondents to issue patta to the petitioner in respect of the property situated in S.No. 490 at Munnerpallam Village, Palayamkottai Taluk, Tirunelveli District, on the basis of the petitioner's representation dated 31.08.2024 within a time frame.

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 2/5

appropriate orders in one way or other instead of keeping the same 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 31.08.2024 and pass appropriate orders in accordance with law, within a period of eight 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 3/5

To 1.The District Collector, Tirunelveli District, Tirunelveli.

2. The Revenue Divisional Officer, Palyamkottai Taluk, District Collector Office, Tirunelveli District.

3. The Tahsildar, Palayamkottai Taluk, Tirunelveli District.

4/5

L.VICTORIA GOWRI, J.

bala ORDER MADE IN DATED : 03.01.2025 5/5