Madras High CourtWP(MD)/15186/2018disposed of

S.Bhuvaneshwari v. The Tahsildar

2018-07-13Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15186 of 2018 S.Bhuvaneshwari ... Petitioner vs.

1. The Thasildar Singampunari Taluk Sivagangai District

2. The Firka Surveyor Singampunari Firka Sivagangai 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 the land situated at Pranpatti Village, Singampunari Taluk, Sivagangai District, in S.F.No.355/5, 356/2, 6, 357/15, 24, 358/9, 372/16, 17, 4, 373/5, 6 and 81/4,7 by considering the petitioner's representation, dated 17.04.2018 and 16.05.2018.

For Petitioner :

Mr.S.Madhavan For Respondents :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 her representations dated 17.04.2018 and 16.05.2018 seeking to survey the lands in S.F.Nos.355/5, 356/2, 6, 357/15, 24, 358/9, 372/16, 17, 4, 373/5, 6, 81/4 & 7 of Pranpatti Village, Singampunari Taluk, Sivagangai District, have not been considered by the respondents till date and therefore, she has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the representations 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 https://hcservices.ecourts.gov.in/hcservices/

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 representations 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 representations dated 17.04.2018 and 16.05.2018 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 done after giving due opportunity to the petitioner as well as to the 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(SAR-II) To:

1. The Thasildar, Singampunari Taluk, Sivagangai District.

2. The Firka Surveyor, Singampunari Firka, Sivagangai Taluk, Sivagangai District.

+1cc to Mr.S.Madhavan, Advocate Sr.No.73097 +1cc to Spl.Government Pleader Sr.No.72998 KRK VB/SKN/SAR2/25.07.2018/2P/5C W.P.(MD) No.15186 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/