Madras High CourtWP(MD)/1018/2018disposed of

P.Bhoopathi v. The Tahsildar

2018-07-12Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.1018 of 2018 P.Bhoopathi ... Petitioner vs.

1. The Tahsildar Srirangam Circle Trichy District

2. The Surveyor Srirangam Circle Trichy District 3.V.Ponnar 4.Mahamuni ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents 1 and 2 to measure the lands comprised in Survey No.196/3, situated at Athavathur East Village, Srirangam Circle and fix the boundaries of the petitioner's lands of an extent of 0.05.0 Ares in the said survey number by considering the petitioner's application, dated 19.12.2016, within a stipulated time.

For Petitioner :

Mr.K.M.Karunakaran For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader for R1 & R2

O R D E R

It is the grievance of the petitioner that his application dated 19.12.2016 seeking to measure the lands comprised in Survey No.196/3, measuring an extent of 0.05.0 Ares, situated at Athavathur East Village, Srirangam Circle and fix boundaries, has not been considered by the official respondents till date and therefore, he has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

2. This Court has not expressed any of its view with regard

to the merits of the application made by the petitioner. It is needless to point out that whenever an application of this nature is made, the official 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 application within a stipulated time.

3. In view of the limited prayer sought for in this writ petition, there shall be a direction to the first respondent to consider the petitioner's application dated 19.12.2016 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 respondents 3 and 4 and any other persons who may be interested in the subject matter.

4. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To:

1. The Tahsildar, Srirangam Circle, Trichy District.

2. The Surveyor, Srirangam Circle, Trichy District.

+ 1 cc TO Mr.K.M.Karunakaran , Advocate in SR No. 72675 + 1 cc TO The Special Government Pleader in SR No. 72826 krk AE/SKN RSK/SAR1/20.07.2018/2P/5C W.P.(MD) No.1018 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/