A.Vadivel, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.9060 of 2018 A.Vadivel ... Petitioner vs.

1. The District Collector,

2. The Tahsildar,

3. The Pirca Surveyor, Vallanadu Circle,

4. The Inspector of Police, Alangudi Police Station, 5.Santhanam ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second respondent to survey the petitioner's land in S.F.No.122/7A, 122/7B and 122/7C of Venkatakulam Village, Alangudi Taluk, Pudukkottai District with the help of police protection, within a stipulated time as may be fixed by this Court. For Petitioner : Mr.K.Baalasundharam For Respondents : Mr.N.Shanmuga Selvam 1 to 4 Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, learned Additional Government Pleader, takes notice for the respondents 1 to 4. Notice to the fifth respondent is dispensed with in view of nature of the order to be passed by this Court.

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 12.02.2018 seeking to survey his in S.F.No.122/7A, 122/7B and 122/7C of Venkatakulam Village, Alangudi Taluk, Pudukkottai District , has not been considered by the second respondent 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 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 12.02.2018 on its own merits and take further action in accordance with law, within a period of eight 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 an 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(P&A) /True Copy/ Sub Assistant Registrar To:

1. The District Collector,

2. The Tahsildar,

3. The Pirca Surveyor, Vallanadu Circle, 4.The Inspector of Police, Alangudi Police Station, + 1 cc TO Mr.K.Baalasundharam , Advocate in SR No. 63508 Aav AE/SV MMS/SAR3/15.05.2018/3P/6C W.P.(MD) No.9060 of 2018 24.04.2018