K.Ulaganathan, v. The Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.25817 of 2016 K.Ulaganathan ... Petitioner Vs.

The Commissioner, Tamil Nadu Archives and Historical Research, Egmore, Chennai - 600 008.

... Respondent Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondent to consider the representation of the petitioner dated 30.12.2015 and consequently provide, on payment of charges/fee the copies of the Extract from the F.M.B.Sketch of the calendar year 1911 for Sumaithangi Village, Wallaja Taluk, Vellore District, to the petitioner.

For Petitioner : Mr.G.B.Sabari Das For Respondent : Mr.P.Sanjay Gandhi Additional Government Pleader

O R D E R

By consent, the writ petition is taken up for final disposal.

2.The petitioner would state that there are water channels in and around Sumaithangi Village, Wallaja Taluk, Vellore District leading to agricultural lands and they were encroached and permanent structures are also put up causing obstruction of free flowing of water to the agricultural lands and in this regard, petitioner has also submitted representation to the Village Administrative Office, Sumaithangi Village requesting to furnish copies of Extract from the F.M.B.Sketch of the calendar year 1911 as well as original plan and topography showing water channels and canals and he was directed to approach the concerned District Collector Office to get the details. In this regard, the petitioner also submitted representation dated https://hcservices.ecourts.gov.in/hcservices/

30.12.2015 to the respondent and has also submitted representation dated 08.03.2016 during the public redressal day, to the District Collector, Vellore and vide letter dated 09.03.2016 in O.Mu.(R.S.1)/2444/2016, the District Collector, Vellore has stated that the said records are not maintained by them and requested the respondent to furnish copies of the same. 3.The grievance expressed by the petitioner is that despite the said communication, the respondent herein did not furnish the details sought for by the petitioner and hence, came forward to file this writ petition.

4.Heard the submissions of Mr.G.B.Sabari Das, learned counsel appearing for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader who accepts notice on behalf of the respondent and would submit that if the petitioner submits application in the prescribed format by paying necessary fees, it will be furnished, if the concerned documents are available.

5.In the light of the above facts and circumstances, the petitioner is permitted to approach the respondent by submitting application in the prescribed format, in accordance with the norms and regulations, within a period of two weeks from the receipt of a copy of this order and on receipt of the same, the respondent is directed to consider the said application/ representation, if the papers are otherwise in order and pass orders, within a further period of eight weeks thereafter, and communicate the decision taken to the petitioner. 6.The writ petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To The Commissioner, Tamil Nadu Archives and Historical Research, Egmore, Chennai - 600 008.

+1 cc to Mr.G.B.Sabari Das Sr.42342 +1 cc to Government Pleader sr.42141 W.P.No.25817 of 2016 aa18/08/2016 https://hcservices.ecourts.gov.in/hcservices/