M.Kumarasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.14522 of 2018 M.Kumarasamy ... Petitioner vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manachanallur Taluk, 3.The Head Surveyor, Taluk Office, Manachanallur, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents to survey the petitioner's lands and fix boundary stones in respect of survey No.119/1A2 and Survey No.114/3B2 situated at Kovathakudi village, Manachanallur Taluk, Trichy District based on the petitioner's representations dated 22.09.2016, 19.02.2018 and 22.06.2018 within a time frame to be stipulated by this Court. For Petitioner :

Mr. S.Karthik For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Mr.N.Shanmuga Selvam, learned Additional 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 his representations dated 22.09.2016, 19.02.2018 and 22.06.2018 seeking to survey the petitioner's lands and fix boundary stones in respect of survey No.119/1A2 and Survey No.114/3B2 situated at Kovathakudi village, Manachanallur Taluk, Trichy 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 representations dated 22.09.2016, 19.02.2018 and 22.06.2018 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 and any other persons who may be interested in the subject matter.

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

Sd/- Assistant Registrar(Crl.Side) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Manachanallur Taluk,

3.The Head Surveyor, Taluk Office, Manachanallur, +1 CC to Mr.S.KARTHIK, Advocate in SR.No.71583 PNN RJ/RP/SAR-3/27/07/2018 - 3P/5C W.P.(MD) No.14522 of 2018 06.07.2018