P.Eswaran v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17125 of 2018 P. Eswaran ... Petitioner vs.
1. The Tahsildhar Taluk Office Bodinaickanur Theni District
2. The Taluk Surveyor Taluk Office Bodinaickanur Theni District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondent to surveying the petitioner property of New Natham Survey No.805/2016 situated at Nethaji East Street, 5th Ward, Keela Chokkanathapuram, Mela Chokkanathapuram Village Majura, Bodinaickanur Taluk, Theni District along with the second respondent by considering the petitioner representation dated 18.07.2018.
For Petitioner :
Mr.R.Murugappan For Respondents :
Mr.N.Shanmuga Selvam Additional Government Pleader
O R D E R
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 representation dated 18.07.2018 seeking to survey his property, 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 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. https://hcservices.ecourts.gov.in/hcservices/
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 18.07.2018 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 done after 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 directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(Crl. side) /True Copy/ Sub Assistant Registrar(CS-III) To
1. The Tahsildhar Taluk Office Bodinaickanur Theni District
2. The Taluk Surveyor Taluk Office Bodinaickanur Theni District +1cc to M/S.R.Murugappan, Advocate SR.No. 76631 W.P.(MD) No.17125 of 2018 02.08.2018 aav JM/SKN RSK/SAR 3/20.08.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/