Rathinammal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.8069 of 2018 Rathinammal : Petitioner Vs.

1.The Tahsildar, Madurai West Taluk, Madurai.

2.The Surveyor, Office of the Tahsildar, Madurai West Taluk, Madurai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing to the respondents herein to measure the petitioner's lands comprised in Survey Nos.11/5 B 1 of an extent of 70 cents situated at Vadivelkarai Village, Madurai West Taluk, Madurai District by considering the petitioner's application dated 26.02.2018 within the time stipulated by this Court.

For Petitioner : Mr.P.Senguttu Arasan For Respondents : Mr.V.Anand, Government Advocate.

O R D E R

************ By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioner that his representation dated 26.02.2018 seeking for surveying his land 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. 4.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 representation dated 26.02.2018 on its own merits and take further action in accordance with law, within a https://hcservices.ecourts.gov.in/hcservices/

period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Madurai West Taluk, Madurai.

2.The Surveyor, Office of the Tahsildar, Madurai West Taluk, Madurai.

+1cc to Mr.P.Senguttuarasan, Advocate, SR.No.61566 Myr RL/4C/2P/SV/MMS/SAR2/20/4/2018 W.P.(MD)No.8069 of 2018 13.04.2018 https://hcservices.ecourts.gov.in/hcservices/