BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08/12/2010 CORAM THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.3792 of 2008 R.Alagarsamy ... Petitioner Vs. 1. The District Collector, Office of the Collectorate, Virudhunagar District. 2. The Tahsildhar, Aruppukottai, Virudhunagar District. 3. Padma ... Respondents PRAYER Writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent to dispose the representation send by the petitioner on 29.10.2007, within the time framed. !For Petitioner ... Mr.A.P.Muthupandian ^For Respondents... Mr.D.Sasikumar Government Advocate for R.1 and R.2 * * * * :ORDER
The petitioner has filed the present Writ Petition by way of Writ of
Mandamus praying for issuance of order by this Court in directing the first
respondent to dispose of the representation sent by the petitioner dated
29.10.2007, within a time frame to be determined by this Court.
2. It is a case of the petitioner that the petitioner’s father’s name has
been altered by the second and third respondents purposely in the Patta Pass
Book in the year 2001 and the petitioner has filed a petition before the second
respondent for the change of name in the patta, but the same has not been done.
Later, the petitioner has filed a petition before the Revenue Divisional Officer
and he has directed the second respondent to enquire into the matter. But, the
second respondent issued the summons to the petitioner on 12.04.2006 and
accordingly, the petitioner appeared before the second respondent, but, nothing
has been transpired so far.
3. It is a case of the petitioner that the third respondent, who is the
daughter of the petitioner’s elder brother has only changed the name in the
patta, because she will be benefitted from the ancestral property and now, she
is working as an Office Assistant in Sattur Taluk Office. The main grievance of
the petitioner is that his representation dated 29.10.2007 addressed to the
first respondent must be considered by the first respondent within a time frame
to be determined by this Court.
4. The request of the petitioner appears to be a fair, genuine and
reasonable one. Therefore, this Court, on the basis of equity, justice, fair
play and even as a matter of prudence, directs the first respondent/the District
Collector, Virudhunagar District, to dispose of the representation given by the
petitioner dated 29.10.2007, in the manner known to law, within a period of two
months from the date of receipt of a copy of the representation dated 29.10.2007
from the petitioner. The petitioner is also directed to enclose a copy of the
representation dated 29.10.2007 to the first respondent within a period of one
week from the date of receipt of a copy of this order. The first respondent is
directed to provide sufficient opportunities to all the parties concerned by
adhering the principles of natural justice, while disposing of the
representation of the petitioner.
5. With the aforesaid direction, the Writ Petition is disposed of. No
costs.
ssl
To
1. The District Collector,
Office of the Collectorate,
Virudhunagar District.
2. The Tahsildhar,
Aruppukottai,
Virudhunagar District.