P.Sundarrajan v. The Special 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.15277 of 2018 P.Sundarrajan ... Petitioner vs.

1. The Special Tahsildar Adi- Dravidar Welfare Department Mudukulathur Ramanathapuram District.

2. The Taluk Surveyor Kadaladi Taluk Ramanathapuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the first respondent to conduct the survey and demarcate the petitioner's land in Plot No.63 in respect of S.F.No.290/2B1 situated at Peiykkulam Village, Sikkal Post, Kadalai, Ramanathapuram District by considering the petitioner's representation dated 04.04.2018 within a stipulated time as may be fixed by this Hon'ble Court. For Petitioner :

Mr.S.Arun Arockiyasamy 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 04.04.2018 seeking to conduct the survey and demarcate his land in Plot No.63 in respect of S.F.No.290/2B1 situated at Periykkulam Village, Sikkal Post, Kadalai, Ramanathapuram District, has not been considered by the second respondent 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 https://hcservices.ecourts.gov.in/hcservices/

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 second respondent to consider the petitioner's representation dated 04.04.2018 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.

Sd/- Assistant Registrar(Crl. side) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The Special Tahsildar Adi- Dravidar Welfare Department Mudukulathur Ramanathapuram District.

2. The Taluk Surveyor Kadaladi Taluk Ramanathapuram District.

+1cc to M/S.V.Muthukamatchi, Advocate SR.No. 73073 +1cc to Special Government Pleader, SR.No. 73671 W.P.(MD) No.15277 of 2018 16.07.2018 aav JM/SKN RSK/SAR 1/30.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/