Madras High CourtWP(MD)/15296/2018disposed of

A.A.Saravana Raja, v. The Tahsildar,

2018-07-16Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15296 of 2018 A.A.Saravana Raja ... Petitioner vs.

1. The Tahsildhar Sivakasi Taluk Sivakasi, Virudhunagar District.

2. The Taluk Surveyor Sivakasi Taluk Virudhunagar 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 and demarcte the petitioner's property in Old S.No.1166/2A,Enjar Village, Sivakasi Taluk, Virudhunagar District, within the time that may be stipulated by this Court. For Petitioner :

Mr.E.Marees Kumar For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Mr.N.Shanmuga Selvam, learned Additional 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 03.07.2018 seeking to survey and demarcte the petitioner's property in Old S.No.1166/2A,Enjar Village, Sivakasi Taluk, Virudhunagar District, has not been considered by the first 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 way or the other. Non-consideration of the same would amount to https://hcservices.ecourts.gov.in/hcservices/

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 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. 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(CS-I) /True copy/ Sub Assistant Registrar(CS-III) To

1. The Tahsildhar Sivakasi Taluk Sivakasi, Virudhunagar District.

2. The Taluk Surveyor Sivakasi Taluk Virudhunagar District +1cc to Mr.V.Nirmalkumar, Advocate, SR.No.72966. W.P.(MD) No.15296 of 2018 16.07.2018 aav RAM/PN/SAR 3/26.07.2018/2P/4C https://hcservices.ecourts.gov.in/hcservices/