Madras High CourtWP(MD)/15972/2018disposed of

Parvathy, v. The Tahsildar,

2018-07-23Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.15972 of 2018 Parvathy : Petitioner Vs.

The Tahsildar, Nanguneri Taluk, Naguneri, Tirunelveli District.

:Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondent to measure and fix the boundaries of the lands to the extent of 3 cents in Natham Survey No.201/2B2B4, having Patta Number is 1025, land to the extent of 2 cents in Natham Survey No.201/2B2B3, having patta Number is 1026 and land to the extent of Hec 0.10.00 in Survey No.201/2B2B2, having patta Number is 1375, situated at Munainchipatti Village, Naguneri Taluk, Tirunelveli District by considering the petitioner's representation dated 18.05.2018.

For Petitioner : Mr.S.R.Anbarasu For Respondent : Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Mr.N.Shanmuga Selvam, learned Additional Government Pleder takes notice on behalf of 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 her representation dated 18.05.2018, seeking for measuring and fix the boundaries of the lands to the extent of 3 cents in Natham Survey No.201/2b2b4, having Patta Number is 1025, land to the extent of 2 cents in Natham Survey No.201/2B2B3, having patta Number is 1026 and land to the extent of Hec 0.10.00 in Survey No.201/2B2B2, having patta Number is 1375, situated at Munainchipatti Village, Naguneri Taluk, Tirunelveli District, has not been considered by the respondent till date and therefore, has filed the present writ petition.

https://hcservices.ecourts.gov.in/hcservices/ 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 representation of this nature is made, the respondent is duty bound to consider the same in one way or other. Non consideration of the same would amount to 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 him 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 18.05.2018, on its own merits and take further action in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. Such an exercise shall be made, after conducting enquiry and giving due opportunity to the petitioner as well as to any other 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) To The Tahsildar, Nanguneri Taluk, Naguneri, Tirunelveli District.

+1cc to Mr.S.R.Anbarasu, Advocate Sr.No.74667 SJI VB/KAK/SAR2/01.08.2018/2P/3C W.P.(MD)No.15972 of 2018 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/