V.Sangeetha v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8156 of 2018 V.Sangeetha ... Petitioner vs.

1.The Tahsildar Aranthangi Taluk Pudukkkottai District 2.The Firka Surveyor Poovattrakudi Taluk Office Aranthangi Pudukottai District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents to sub divide the land in S.F.No.68/1 of its Sub Division 266/13 to an extent of 0.05 ares in Puvaimanagaram, Puvadrakudi Village, Aranthangi Taluk, Pudukkottai District and mutate the same in the petitioner's name based on the petitioner's representation dated 19.02.2018.

For Petitioner :

Mr.M.Suresh For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

O R D E R

Mr.J.Gunaseelan Muthiah, learned Additional Government Pleader, takes notice for the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. It is the grievance of the petitioner that her representation dated 19.02.2018 seeking to sub-divide the land comprised in S.F.No.68/1 of its sub-division 266/13, measuring an extent of 0.05 Ares, of Puvaimanagaram, Puvadrakudi Village, Aranthangi Taluk, Pudukkottai District and to mutate the same in her name, has not been considered by the respondents till date and therefore, she has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is needless to point out that whenever a representation of this nature is made, the respondents are duty bound to consider the same in one way or the other. Non-consideration of the same would amount to dereliction of ordinary duties of their office and as such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 19.02.2018 on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject land.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Aranthangi Taluk, Pudukkkottai District.

2.The Firka Surveyor, Poovattrakudi, Taluk Office, Aranthangi, Pudukottai District.

+1cc to M/S.M.Suresh, Advocate SR.No. 61508 +1cc to Special Government Pleader, SR.No. 61614 W.P.(MD) No.8156 of 2018 16.04.2018 krk JM/SV MMS/SAR 4/02.05.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/