A single judge of the Madras High Court directed the District Collector to consider a 2021 representation seeking cancellation of a patta and dispose of the matter within three months, holding non-consideration constitutes dereliction of duty.
Directed the second respondent to consider the representation on merits and pass appropriate orders within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.10606 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.4.2023
CORAM :
THE HONOURABLE MR. JUSTICE M.S. RAMESH
W.P.No.10606 of 2023
Tamilselvi
...Petitioner
Vs
...Respondents
1/6
PRAYER:
W.P.No.10606 of 2023
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing respondents 1 to 5 herein to consider and dispose the representation dated 20.12.2021 submitted by the Panchami Land Protection Public Welfare Society, which is a registered society (Reg.No.27/2007) on behalf of the petitioner herein seeking to conduct an enquiry and cancel the patta No.822 in respect of the Panjami (D.C) land (Depressed Classes Land) measuring to an extent of 3 Acres and 24 cents comprised in Survey Nos.360/1 and 360/2 at Vaniyampettai Village, Thanigai Polur, Arakkonam Taluk, Ranipet District and consequently direct the 4th respondent to cancel the transfer of patta in the name of Vijayakumar and issue a patta in respect of the Panjami (D.C) land (Depressed Classes Land) measuring to an extent of 1 acre 12 cents in survey No.360/1 and 2 acres and 12 cents in survey No.360/2, in all total extent of 3 acres and 24 cents situated at Vaniyampettai Village, Thanigai Polur, Arakonam Taluk, Ranipet District.
For Petitioner : Mr.P.Britto For Respondents 1 to 5 : Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
Heard the learned counsel for the petitioner and the learned Special
Government Pleader accepting notice for the official respondents. Since this Court is directing the second respondent to consider the
2/6
W.P.No.10606 of 2023
representation dated 20.12.2021 submitted by the Panchami Land Protection Public Welfare Society on behalf of the petitioner after giving notice to all the parties concerned, notice to the private respondent is dispensed with.
W.P.No.10606 of 2023
nature is made to a Statutory Authority, there is a duty cast upon him 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, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of Constitution of India and direct him to consider the same within a stipulated time.
6. With the above direction, the Writ Petition stands disposed of.
W.P.No.10606 of 2023
No costs.
06.4.2023
Index:Yes/No Speaking order/Non-speaking order
To
RS/SNI
W.P.No.10606 of 2023
M.S.RAMESH,J.
RS/SNI
W.P.No.10606 of 2023
06.4.2023
1 issue framed by the court
Whether the statutory authority was justified in not considering the representation challenging the patta issued to the sixth respondent.
Tamilselvi
The Commissioner, Land Administration Department
The District Collector, Ranipet
The District Revenue Officer
The Revenue Divisional Officer
The Tahsildar, Arakonam
M.S. RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
