M.Pandi, v. The District Collecgtor

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15139 of 2018 M.Pandi ... Petitioner vs.

1.The District Collector Ramanathapuram Ramanathapuram District 2.The District Revenue Officer Ramanathapuram Ramanathapuram District 3.The Thasildhar Mudukulathur Taluk Ramanathapuram District 4.The Surveyor Mudukulathur Taluk Ramanathapuram District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents to consider the petitioner representation, dated 26.06.2018 in respect of petition No.2018/9005/27/472009/0626 and to take necessary steps to issue identify, measure and mark the boundaries of the petitioner property in S.Nos.317/1A1B, which situated in Swamikal Madathu Street, Mela Mudukulathur, Mudukulathur Taluk, Ramanathapuram District.

For Petitioner :

Mr.G.V.Vairam Shanthosh 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 26.06.2018 seeking to issue identify, measure and mark the boundaries of the property comprised in S.No.317/1A1B, situated in Swamikal Madathu Street, Mela Mudukulathur, Mudukulathur https://hcservices.ecourts.gov.in/hcservices/

Taluk, Ramanathapuram District, has not been considered by the respondents 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.

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 representation dated 26.06.2018 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(CS-III) /True Copy/ Sub Assistant Registrar To:

1.The District Collector, Ramanathapuram, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram, Ramanathapuram District.

3.The Thasildhar, Mudukulathur Taluk, Ramanathapuram District.

4.The Surveyor, Mudukulathur Taluk, Ramanathapuram District.

+1cc to M/S.G.V.Vairam Shanthosh, Advocate SR.No. 72779 W.P.(MD) No.15139 of 2018 13.07.2018 https://hcservices.ecourts.gov.in/hcservices/ krk JM/SKN RSK/SAR 2/23.07.2018/2P/6C