V.Veeranan v. The Taluk Surveyor,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.10480 of 2018 V.Veeranan ... Petitioner vs.

The Taluk Surveyor Thirumangalam Taluk Thirumangalam Madurai District ... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the respondent to survey the joint Patta land in the petitioner's name and his brother's name for the land in S.No.3/2C4, to the extent of 48 Cents and 3/1A1A to the extent of 32 1/2 Cents situated in Parapatthi Village, Thirumangalam Taluk, Madurai District by considering the petitioner's application to the respondent dated 29.05.2017 within a stipulated time.

For Petitioner :

Mr.S.Selvakumar For Respondent :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S.Nagarajan, learned Special Government Pleader, takes notice for the respondent.

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 29.05.2017 seeking to survey the joint Patta lands comprised in Survey Nos. 3/2C4 and 3/1A1A, measuring an extent of 48 Cents and 32 1/2 Cents respectively, situated in Parapatthi Village, Thirumangalam Taluk, Madurai District, has not been considered by the 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 respondent is duty bound to consider the same in one https://hcservices.ecourts.gov.in/hcservices/

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 respondent to consider the petitioner's representation dated 29.05.2017 on its own merits and take further action in accordance with law, within a period of four 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 matter.

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

Sd/- Assistant Registrar(T&P) /True copy/ Sub Assistant Registrar To The Taluk Surveyor, Thirumangalam Taluk, Thirumangalam, Madurai District.

+1cc to Mr.S.Selvakumar, Advocate, SR.No.67054. W.P.(MD) No.10480 of 2018 04.06.2018 krk RAM/KKR/SAR 2/13.06.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/