P.Dhamodharan v. The Thasildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN P.Dhamodharan ... Petitioner Vs.

The Thasildar, Perundhurai Taluk, Erode District.

... Respondent PRAYER:

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent to consider the petitioner's last representation dated 24.03.2023 for fixing the boundaries by way of survey measurement to the extent of 1.60 acres in R.S.No.577/3B, 577/10 and 576/5 of Vadamugam Vellode Village, Perundhurai Taluk, Erode District.

For Petitioner : Mr.J.Titus Enock For Respondent : Mr.A.Selvendran Special Government Pleader

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the respondent to consider the petitioner's representation dated 24.03.2023 for fixing the boundaries by way of survey measurement to the extent of 1.60 acres in R.S.No.577/3B, 577/10 and 576/5 of Vadamugam Vellode Village, Perundhurai Taluk, Erode District.

2. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondent.

3. The petitioner made application before the respondent on 24.03.2023 to survey his land and he has also paid requisite fees through E-challan. The respondent has not considered the petitioner's application so far. Hence the petitioner is constrained to file the present writ petition.

4. Already, this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of the representation/appeal within time limit and in that regard,

the Department also has issued a circular as to how the matters have to be dealt with and within the period of which the matters have to be disposed of has been fixed in the circular, and inspite of the same, the officials concerned have not either responded to the order of this Court made in W.P.No.262 of 2018 or to the circular dated 17.07.2023 bearing Circular No.R1/2005632/2022 issued by the Commissioner of Land Administration, for the reason best known to them and they are adopting their own method and dragging the innocent public from pillar to post and also to the extent of approaching this Court. The attitude of the respondents/Revenue Authorities are highly condemnable.

5. Having regard to the submissions made by the learned counsel on either side and taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the respondent to consider the petitioner's representation dated 24.03.2023, if the petitioner is otherwise eligible and after issuing notice to the petitioner, adjacent land owners of the four boundaries of the subject property/interested parties/rival

claimants/objectors if any, as the case may be, if already not issued and conduct enquiry in the manner known to law, if already not conducted and pass orders on merits and in accordance with law, if already not passed. The said exercise shall be completed within a period of two months from the date of receipt of a copy of this order.

6. The Chief Secretary, Chief Secretary's Office, Government of Tamilnadu, Secretariat,, Chennai-600 009/Disciplinary Authority/Appointing Authority as the case may be, is directed to take action against the respondent, if the respondent has not taken any steps to proceed with the petitioner's application and file a action taken report within a period of two months.

7. With the abovesaid direction, the Writ Petition is disposed of. There shall be no order as to costs.

06.02.2024 mfa Index:Yes/No Speaking Order: Yes/No

To The Thasildar, Perundhurai Taluk, Erode District.

P.VELMURUGAN, J.

mfa 06.02.2024