Madras High CourtWP(MD)/15372/2018disposed of

T.S.Kannan, v. The District Collector,

2018-07-17Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15372 of 2018 T.S.Kannan ... Petitioner Vs.

1. The District Collector, Karur District, Karur.

2. The Thasildar, Kadavoor Taluk, Kadavoor, Karur District.

3. The Taluk Surveyor, Kadavoor Taluk, Kadavoor, Karur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second and third respondents to survey the land belongs to the petitioner in S.No.381 / 6B to an extent of 0.06.75 Ares, (16.5 cents), situated at Keelapaguthi Village, Majra Tharagampatti, Kadavoor Taluk, Karur District, by considering the representation of the petitioner dated 03/07/2018 within stipulated time fixed by this Court. For Petitioner : Mr.S.Gokul Raj For R1 to R3 : Mr.N.Shanmuga Selvam Additional Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioner that his representation dated 03.07.2018 for the purpose of survey the land in S.No.381/6B to an extent of 0.06.75 Ares (16.5 cents) situated at Keelapaguthi Village, Majra Tharagampatti, Kadavoor Taluk, Karur District, has not been considered by the first respondent till date and therefore, has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/

3.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 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 them to consider the petitioner's representation within a stipulated time. 4.In view of the limited prayer sought for in this writ petition, there shall be a direction to the second respondent to consider the petitioner's representation dated 03.07.2018 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.

5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The District Collector, Karur District, Karur.

2. The Thasildar, Kadavoor Taluk, Kadavoor, Karur District.

3. The Taluk Surveyor, Kadavoor Taluk, Kadavoor, Karur District.

+ 1 CC TO Mr.S.GOKUL RAJ, ADVOCATE IN SR No. 73652 MM TE/SV/SAR-3 : 26/07/2018 : 2P/5C W.P.(MD) No.15372 of 2018 17.07.2018 https://hcservices.ecourts.gov.in/hcservices/