Sivasankaran vs The District Collector on 16 July, 2018

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Madras High Court

Sivasankaran vs The District Collector on 16 July, 2018

Bench: M.S.Ramesh

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               
DATED: 16.07.2018  
CORAM   
  THE HONOURABLE MR.JUSTICE M.S.RAMESH           
W.P.(MD) No.15268 of 2018  

Sivasankaran                                                            ...  Petitioner
vs.

1. The District Collector
    Trichy District, Trichy.

2. The District Revenue Officer
    Trichy District, Trichy

3. The Revenue Divisional Officer
    Revenue Divisional Office
    Musiri, Trichy District.

4. The Thasildar
    Taluk Office, Thuraiyur Taluk
    Trichy District.                                                            ...
Respondents  

PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of writ of mandamus, directing the respondent to rectify the
error in UDR as east to west as 9.6 metre instead of 10.6 metre in respect of
survey number 352/1 situated at Kannanur Village, Thuraiyur Taluk, Trichy
District by considering the petitioner's representation dated 08.06.2018.

!For Petitioner :       Mr.R. Manoharan  
For Respondents :       Mr.N.Shanmuga Selvam           
                        Additional Government Pleader 

:ORDER

Mr.N.Shanmuga Selvam, learned Additional Government Pleader, takes notice for the respondents.

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

3. It is the grievance of the petitioner that his representation dated 08.06.2018 seeking to rectify the error in UDR, has not been considered by the second respondent till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 08.06.2018 on its own merits and take further action in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Such an exercise shall be done after conducting enquiry and giving due opportunity to the petitioner as well as to any other persons who may be interested in the subject matter.

6. With the above directions, this writ petition is disposed of. No costs.

1. The District Collector Trichy District, Trichy.

2. The District Revenue Officer Trichy District, Trichy

3. The Revenue Divisional Officer Revenue Divisional Office Musiri, Trichy District.

4. The Thasildar Taluk Office, Thuraiyur Taluk Trichy District.

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