Lakshmana Naikar, v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No. 9979 of 2018 and W.M.P.(MD) No.9125 of 2018 Lakshmana Naikar ... Petitioner vs.

1. The Tahsildar, Ottanchathiram Taluk, Ottachanthiram, Dindigul District.

2. The Head Surveyor, Ottanchathiram Taluk, Ottachanthiram, Dindigul District.

3. Palanichamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondents 1 and 2 to measure the pathway and other property in Survey No.475/4, 475/8,455/4,455/8,456/3 situated at Kethaiyarumpu Village, Ottanchathiram Taluk, Dindigul District and further direct the respondents do not interfere with petitioner's peaceful possession and enjoyment in any way based on the petitioner's representation dated 26.03.2018.

For Petitioner :Mr.G.Gomathi Sankar For Respondents :Mr.N.Shanmuga Selvam 1 and 2 Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam learned Additional Government Pleader takes notice for the respondents 1 and 2. Notice to the third 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 26.03.2017 seeking to measure the pathway and other property in Survey No.475/4, 475/8,455/4,455/8,456/3 situated at Kethaiyarumpu Village, Ottanchathiram Taluk, Dindigul https://hcservices.ecourts.gov.in/hcservices/

District, has not been considered by the first 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 first respondent to consider the petitioner's representation dated 26.03.2018 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 the third respondent and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To:

1. The Tahsildar, Ottanchathiram Taluk, Ottachanthiram, Dindigul District.

2. The Head Surveyor, Ottanchathiram Taluk, Ottachanthiram, Dindigul District.

+1cc to Mr.G.Gomathisankar , Advocate Sr.No.64614 aav VB/RSK/SAR2/2P/4C/18/05/2018 W.P.(MD) No. 9979 of 2018 and W.M.P.(MD) No.9125 of 2018 27.04.2018 https://hcservices.ecourts.gov.in/hcservices/