Madras High CourtWP(MD)/8406/2018disposed of

Manikkayee Ammal v. The Tahsildar

2018-04-18Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.8406 of 2018 Manikkayee Ammal ... Petitioner vs.

1. The Tahsildhar, Vedasandur Taluk, Dindigul District.

2. The Head Surveyor, Vedasandur Taluk, Dindigul District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to sub divide and issue the separate Patta to the petitioner with regard to land in Karungal Village, Survey No.116/1A, 116/1B, 118/2B,383/4B and 454 situated at Vedasandur Taluk, Dindigul District based on the petitioner's representation dated 06.03.2018.

For Petitioner : Mr.G.Gomathi Sankar 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 her representation dated 06.03.2018 to sub divide and issue the separate Patta to the petitioner with regard to land in Karungal Village, Survey No.116/1A, 116/1B, 118/2B,383/4B and 454 situated at Vedasandur Taluk, Dindigul District, has not been considered by the second respondent till date and therefore, she has filed the present writ petition.

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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 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 second respondent to consider the petitioner's representation dated 06.03.2018 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 done after giving due opportunity to the petitioner as well as to the persons who may be interested in the subject property.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

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

1. The Tahsildhar, Vedasandur Taluk, Dindigul District.

2. The Head Surveyor, Vedasandur Taluk, Dindigul District.

+ 1 cc TO Mr.G.Gomathi Sankar , Advocate in SR No. 61854 aav AE/SV MMS/SAR1/07.05.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD) No.8406 of 2018 18.04.2018