R.Ganesan 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. 15344 of 2018 R.Ganesan ... Petitioner vs.
1. The Tahsildhar Devakottai Taluk Devakottai Sivagangai District.
2. The Firka Surveyor Devakottai Taluk Devakottai Sivagangai District ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondent to survey my lands in S.F.No.120 to an extent of 3 Acres 981/4 cents situated at Kunakarai Village, Porkudi Group, Devakottai Taluk, Sivagangai District on the basis of my representation dated 03.01.2018.
For Petitioner :
Mr.S.Madhavan For Respondents :
Mr.J.Gunaseelan Muthiah Additional Government Pleader
ORDER
Mr.J.Gunaseelan Muthiah, 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 03.01.2018 seeking to survey his land, 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 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 first respondent to consider the petitioner's representation dated 03.01.2018 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 conducting enquiry and 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(W) /True copy/ Sub Assistant Registrar(CS-III) To
1. The Tahsildhar Devakottai Taluk Devakottai Sivagangai District.
2. The Firka Surveyor Devakottai Taluk Devakottai Sivagangai District +1cc to Mr.S.Madhavan, Advocate, SR.No.73099. +1cc to Special Government Pleader, SR.No.73680. W.P.(MD) No.15344 of 2018 16.07.2018 AAV RAM/SV/SAR 3/26.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/