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Madras High CourtWP(MD)/8154/2018disposed of

Vellaisamy, v. The District Revenue Officer,

2018-04-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8154 of 2018 Vellaisamy ... Petitioner vs.

1. The District Revenue Officer Dindigul, Dindigul District

2. The Assistant Director Cum P.A. to Collector Land Survey, District Collectorate Dindigul, Dindigul District

3. The Tahsildar Natham Taluk Office Natham, Dindigul District

4. The Taluk Deputy Inspector of Survey Natham Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third and fourth respondents to consider the petitioner's representation dated 06.01.2018 to measure the petitioner's land S.No.1074/1, 1074/3E, 1074/3C to the extent of 4.65 acres of Nadumandulam Village, Natham Taluk, Dindigul District.

For Petitioner :

Mr.A.Shajahan For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special 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 his representation dated 06.01.2018 seeking to measure his land comprised in Survey Nos.1074/1, 1074/3E and 1074/3C, measuring an extent of 4.65 Acres, of Nadumandulam Village, Natham Taluk, Dindigul District, has not been considered by the respondents 3 and 4 till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representation made by the petitioner. It is https://hcservices.ecourts.gov.in/hcservices/

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 third and fourth respondents to consider the petitioner's representation dated 06.01.2018 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-II) /True Copy/ Sub Assistant Registrar To:

1. The District Revenue Officer, Dindigul, Dindigul District.

2. The Assistant Director Cum P.A. to Collector, Land Survey, District Collectorate, Dindigul, Dindigul District.

3. The Tahsildar, Natham Taluk Office, Natham, Dindigul District.

4. The Taluk Deputy Inspector of Survey, Natham Taluk, Dindigul District.

+1cc to Mr.A.Shajahan, Advocate Sr.No.61379 KRK VB/RSK/SAR4/27/04/2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.8154 of 2018 16.04.2018