Jabarullah v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.7209 of 2018 Jabarullah ... Petitioner Vs.

1. The Tahsildar, Office of the Thasildar, Melur Taluk, Madurai District.

2. The Taluk Surveyor, Office of the Taluk Surveyor, Melur Taluk, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to survey the land and issue a separate Patta by sub dividing the land to the petitioner on his application through online vide Citizen Account No.(CAN) 0332413044429, dated 29.06.2017, Application No.2017/0105/24/033142, dated 29.06.2017. For Petitioner : Mr.K.Kumaradesigan For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal.

2.It is the grievance of the petitioner that the petitioner's online application dated 29.06.2017, seeking issuance of separate patta in respect of the land in S.No.283/3 situated at Karungalakudi Sub Division, Chockkalingapuram Village, Kottampatti Limit, Madurai District, in his favour, has not been considered by the respondents till date and therefore, has filed the present writ petition.

3.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 other. Non consideration of the same would amount to dereliction of their ordinary duties of their office and as such this Court would be justified in invoking its powers under Article 226 of the Constitution of India to direct them to consider the petitioner's representation within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/ 4.In view of the limited prayer sought for in this writ

petition, there shall be a direction to the respondents to consider the petitioner's online application dated 29.06.2017 on its own merits and take further action in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. Such an exercise shall be made, after giving notice to the petitioner and any other persons, who may be interested in the subject property.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Office of the Thasildar, Melur Taluk, Madurai District.

2. The Taluk Surveyor, Office of the Taluk Surveyor, Melur Taluk, Madurai District.

+1cc to Mr.v.Selva, Advocate in SR. NO. 62037, +1cc to Special Government Pleader in SR. NO.62175. TA DS/KKR/SAR-1 :09/05.2018: 2P/5C W.P.(MD)No.7209 of 2018 18.04.2018 https://hcservices.ecourts.gov.in/hcservices/