S.Maridurai v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.04.2018 C O R A M THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.7621 of 2018 S.Maridurai ... Petitioner Vs.

1. The Tahsildar, Trichy West Zone & West Tahsildar Office, Trichy District.

2. The Head Surveyor, Trichy West Taluk & Tahsildar Office, Trichy District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the constitution of India, to issue a Writ of Mandamus, to direct the respondents to survey the petitioner's property to an extent of 0.0284.0 Sq.Fts, situating in Town survey No.3, in Ward-G, Block-14, Thamalavaroobayam Village, Trichy West Taluk, Trichy District based on the petitioner's representation dated 20.03.2018 within the time limit that may be stipulated by this Court. For Petitioner : Mr.Jeyakarthik For Respondents : Mr.S.Nagarajan Special Government Pleader

O R D E R

The limited prayer sought for in the present writ petition is for a direction to the respondents to consider the petitioner's representation dated 20.03.2018 .

2.According to the learned counsel for the petitioner, the petitioner had given a representation on 20.03.2018, seeking for surveying the petitioner's property to an extent of 0.0284.0 Sq.Fts, situated in Town Survey No.3, in Ward-G, Block-14, Thamalavaroobayam Village, Trichy West Taluk, Trichy District. Since the said representation has not been considered, the present writ petition has been filed.

https://hcservices.ecourts.gov.in/hcservices/ 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. 4.In this background, there shall be a direction to the respondents herein, to consider the representation of the petitioner, dated 20.03.2018 on its own merits and in accordance with law and pass appropriate order, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be made, after giving notice to the petitioner as well as any other persons, who may be interested in the subject property.

5.With the above direction, the Writ Petition stands allowed. No costs.

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

1. The Tahsildar, Trichy West Zone & West Tahsildar Office, Trichy District.

2. The Head Surveyor, Trichy West Taluk & Tahsildar Office, Trichy District.

+1CC to Spl. Government Pleader, Sr.63082 +1CC to Mr.M.S.Jeyakarthik, Advocate, Sr.62906 rmk JM/KKR/SAR-III/17.05.2018/2P-5C W.P.(MD)No.7621 of 2018 23.04.2018 https://hcservices.ecourts.gov.in/hcservices/