A.Soundhirapandian v. The Tahsildar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.10261 of 2018 A.Soundhirapandian : Petitioner Vs.

1.The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

2.The Head Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.

:Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1&2 to measure the lands to the extent of 1 acre 99 cents in Survey No.231/2B, situated at Nagachi Village, Paramakudi Taluk, Ramanathapuram District based on the patta No.1927, by considering the petitioner's representation dated 19.01.2018, within the stipulated period.

For Petitioner : Mr.K.Rajeshwaran For Respondents : Mr.V.Anand, Government Advocate.

ORDER

Heard Mr.K.Rajeshwaran, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate, who takes notice on behalf of 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 his representation dated 19.01.2018 to measure the property in Survey No.231/2B, situated at Nagachi Village, Paramakudi Taluk, Ramanathapuram District based on the patta No.1927 has not been considered by the respondents till date and therefore, 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 https://hcservices.ecourts.gov.in/hcservices/

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. 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 19.01.2018 on its own merits and take further action in accordance with law, within a period of twelve 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 any other persons, who may be interested in the subject properties.

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

Sd/- Assistant Registrar (CS-I) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Taluk Office, Paramakudi Taluk, Ramanathapuram District.

2.The Head Taluk Surveyor, Paramakudi Taluk, Ramanathapuram District.

+1CC to Mr.K.Rajeshwaran Advocate in SR.NO.64434. MYR DS/RSK-SKN/SAR-4 :29.05.2018: 2P/4C W.P.(MD)No.10261 of 2018 28.04.2018 https://hcservices.ecourts.gov.in/hcservices/