P.Lakshmanan v. The Tahsildar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15276 of 2018 and W.M.P(MD) No.13781 of 2018 P.Lakshmanan ... Petitioner vs.
1. The Tahsildhar
2. The Land Survey Inspector
3. The Village Administrative Officer Pannapatti Melbagam
4. The Inspector of Police Puthanatham Police Station
5. The Taluk Surveyor ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus direct the respondents to take a necessary action to measure and demarcate the petitioner lands comprised in survey no.552-3P, 552-3.T, 565-1.C,566-1.C, 5523.S,566-1.A with an extent of 0.10.5,0.21.0,0.07,0.07.0,0.02.0 and0.08.0 Ares respectively which are situated at Perumampatti, Pannapatti, Melbagam, Manaparai Taluk, Trichy District within the time stipulated by this Hon'ble Court.
For Petitioner :
Mr.K.Kevinkaran 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 18.04.2018 seeking to measure and demarcate his lands comprised in survey no.552-3P, 552-3.T, 565-1.C,566-1.C, 5523.S,566-1.A with an extent of 0.10.5,0.21.0,0.07,0.07.0,0.02.0 and0.08.0 Ares , 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 first respondent to consider the petitioner's representation dated 18.04.2018 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. Consequently, connected miscellaneous petition is closed.
Sd/ Assistant Registrar(Crl Side) /True copy/ Sub Assistant Registrar (CS-III) To:
1. The Tahsildhar
2. The Land Survey Inspector
3. The Village Administrative Officer Pannapatti Melbagam
4. The Inspector of Police Puthanatham Police Station
5. The Taluk Surveyor +1cc to Mr.K.Kevinkaran, Advocate, SR.No.72978 +1cc to M/s.Special Government Pleader,SR.No. 73601 W.P.(MD) No.15276 of 2018 and W.M.P(MD) No.13781 of 2018 16.07.2018 AAV KK/SKN/SAR-3/06.08.2018/3P-8C/