K.Alagu, v. The Assistant Director Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15098 of 2018 K.Alagu ... Petitioner vs.

1. The Assistant Director of Survey and Land Records, Sivagangai District, Sivagangai.

2. The Firka Surveyor, South Singampunari Revenue Circle, Sivagangai District.

3. The Tahsildar, Singampunari Taluk, Sivagangai 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, demarcate and determine the boundary of the property which is situated at Survey No.204/172 A, South Singampunari Group, Singampunari Taluk, Sivagangai District by considering the petitioner's application dated 27.06.2018 within a specific period as fixed by this Court.

For Petitioner : Mr.S.Balaji 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 application dated 27.06.2018, seeking to survey, demarcate and determine the boundary of the property which is situated at Survey No.204/172 A, South Singampunari Group, Singampunari Taluk, Sivagangai District, has not been considered by the respondents till date and therefore, he 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 application made by the petitioner. It is

needless to point out that whenever an application 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 application within a stipulated time.

5. In view of the limited prayer sought for in this writ petition, there shall be a direction to the third respondent to consider the petitioner's application dated 27.06.2018 on its own merits and take further action in accordance with law, within a period of 6 weeks from the date of receipt of a copy of this order. Such an exercise shall be done 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(crl side) /True Copy/ Sub Assistant Registrar(SAR4) To:

1. The Assistant Director of Survey and Land Records, Sivagangai District, Sivagangai.

2. The Firka Surveyor, South Singampunari Revenue Circle, Sivagangai District.

3. The Tahsildar, Singampunari Taluk, Sivagangai District.

+1cc to Mr.S.Balaji, Advocate Sr.No.72568 SJI VB/SKN/SAR4/24.07.2018/2P/5C W.P.(MD) No.15098 of 2018 12.07.2018 https://hcservices.ecourts.gov.in/hcservices/