M.Nagoor Meeran v. The Tahsildar,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No. 2278 of 2016 M. Nagoor Meeran ..

Petitioner Vs

1. The Tahsildhar, Office of the Tahsildhar,

2. The Surveyor of the Land, Office of land Surveyor,

3. The Village Administration Officer, Malkollathur, Namili Village Panchayat, .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus to direct the 1st and 2nd respondent to dispose the petitioner's representation dated 21.08.2015 within a stipulated time frame fixed by this Court.

For Petitioner : M/s. S.Kingston Jerold For Respondents : Mr.S. Pattabiraman Government Advocate

ORDER

The Petitioners have come forward with this Writ Petition seeking for a mandamus upon the 1st and 2nd respondents to consider and dispose the petitioner's representation, dated 21.08.2015 within the time, that may be stipulated by this Court.

2. Heard Mr.S.Kingston Jerold, learned counsel appearing for petitioner and Mr.S.Pattabiraman, learned Government Pleader, who accepts notice on behalf of respondents.

3. According to the petitioner, his parents are the owners of the properties comprised in S.Nos.528/1, 528/1, 529/2, 529/1 and 529/1B, situate at Nemily Village. As several persons were making attempts to encroach the aforesaid properties, due to the damage of boundaries, the petitioner approached the respondents for conducting survey of the property in order to confirm the boundaries, for which purpose, he has also paid prescribed fee to the respondents. Despite the same, the respondents have not evinced any interest in considering the petitioner's request. Again, the petitioner, seeking for the aforesaid relief, made a representation dated 21.08.2015, to the first respondent. Since the same also evoked no response, the petitioner is before this Court with this Writ Petition.

4. Learned counsel appearing for the petitioner has submitted that it would suffice, if the representation of the petitioner is considered and necessary orders be passed by the first and second respondents within the time, as fixed by this Court.

5.

Learned Government Advocate appearing for the respondents have no serious objection in issuing such a direction, as sought for by the learned counsel appearing for the petitioner.

6. In the light of the above, this Court, without going into the merits of the case, directs the respondents 1 and 2 to consider the representation of the petitioner, dated 21.08.2015 and dispose of the same on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order, after issuing due notice to any other interested parties concerned. No costs.

msr Sd/- Assistant Registrar (J) /TRUE COPY/ Sub-Assistant Registrar To

1. The Tahsildhar, Office of the Tahsildhar,

2. The Surveyor of the Land, Office of land Surveyor,

3. The Village Administration Officer, Malkollathur, Namili Village Panchayat, +1CC to the Govt.Pleader High Court, Madras-104 SR.NO. 4162 +1CC to MR.S.KINGSTON JEROLD Advocate SR.NO.3693 W.P.No. 2278 of 2016 PPA[CO] MK : 15/02/2016