Madras High CourtWP(MD)/14711/2018disposed of

Mahesh, v. The Thasildar

2018-07-10Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD).No.14711 of 2018 Mahesh ... Petitioner vs.

1. The Tahsildar Ottapidaram Taluk Thoothukudi District.

2. The Taluk Surveyor Ottapidaram Taluk Thoothukudi District ... 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 land in S.F.Nos.25/4B and 25/1C2 situated at Kurukkusalai Village, Sinthalakarai Village Mazara, Ottapidaram Taluk by considering the petitioner's representation dated 04.06.2018. For Petitioner :

Mr. S. Muthu Vinayagam For Respondents :

Mr.S.Nagarajan Special Government Pleader

O R D E R

Mr.S. Nagarajan, learned Special 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 representation dated 04.06.2018 seeking to survey the land in S.F.Nos.25/4B and 25/1C2 situated at Kurukkusalai Village, Sinthalakarai Village Mazara, Ottapidaram Taluk in 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 https://hcservices.ecourts.gov.in/hcservices/

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 04.06.2018 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 to 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(CO) /True Copy/ Sub Assistant Registrar To

1. The Thasildar, Ottapidaram Taluk, Thoothukudi District.

2. The Taluk Surveyor, Ottapidaram Taluk, Thoothukudi District.

+1 CC to Mr.S.MUTHU VINAYAGAM, Advocate in SR.No.72487 AAV RJ/RP/SAR-4/17/07/2018 - 2P/4C W.P.(MD) No.14711 of 2018 10.07.2018 https://hcservices.ecourts.gov.in/hcservices/