Rajagopal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.15556 of 2018 Rajagopal ... Petitioner Vs.

1. The Thasildar, Pudukkottai, Pudukkottai District.

2. The Surveyor, Taluk Office Campus, Pudukkottai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1 and 2 herein to measure the lands comprised in Survey No.253-1C situated at Vadimalaipatti, Sammattividuthi Post, Pudukkottai Taluk, Pudukkottai District and fix the boundaries of my lands of an extent of 0-3.00 ares in the said survey number by considering my application dated 04.05.2018 within the time stipulated by this Court.

For Petitioner : Mrs.A.Banumathy 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 application dated 04.05.2018 to measure the lands comprised in Survey No.253-1C situated at Vadimalaipatti, Sammattividuthi Post, Pudukkottai Taluk, Pudukkottai District has not been considered by the respondents till date and therefore, has filed the present writ petition. https://hcservices.ecourts.gov.in/hcservices/ 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 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. 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 04.05.2018 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 made, after giving notice to the petitioner and any other persons, who may be interested in the subject matter.

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

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

1. The Thasildar, Pudukkottai, Pudukkottai District.

2. The Surveyor, Taluk Office Campus, Pudukkottai District.

+ 1 CC TO M/s.A.BANUMATHY ADVOCATE IN SR No. 73741 TA TE/SV/SAR-3 : 27/07/2018 : 2P/4C W.P.(MD)No.15556 of 2018 18.07.2018 https://hcservices.ecourts.gov.in/hcservices/