D.Karuppu Manivannan v. The Thasildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8270 of 2018 D.Karuppu Manivannan ... Petitioner Vs.

1. The Tahsildar, Thasildar Office, Vadipatti Taluk, Madurai District.

2. The Head Surveyor, Collector Office Campus, Madurai-625 020.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent to survey and mark the boundaries of the petitioner's land situated at Survey Number:14/2 at Bodinayakanpatti Village, Vadipatti Taluk, Madurai District including the common road based on the application 07.02.2018 and the subsequent representation dated 01.03.2018 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.V.Anand, Government Advocate

ORDER

Mr.V.Anand, learned Government Advocate, 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 the petitioner's representation dated 01.03.2018, seeking to survey the land of the petitioner, has not been considered by the respondents till date and therefore, the petitioner 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 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 https://hcservices.ecourts.gov.in/hcservices/

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. 5.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 representation dated 01.03.2018 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 made, after giving notice to the petitioner and any other persons, who may be interested in the subject property.

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

Sd/- Assistant Registrar(RTI) /True Copy/ Sub Assistant Registrar To

1. The Tahsildar, Thasildar Office, Vadipatti Taluk, Madurai District.

2. The Head Surveyor, Collector Office Campus, Madurai-625 020.

+1cc to Mr.R.Karunanidhi, Advocate Sr.No.61446 TA VB/JC/SAR4/07/05/2018/2P/4C W.P.(MD)No.8270 of 2018 16.04.2018 https://hcservices.ecourts.gov.in/hcservices/