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Madras High CourtWP(MD)/15636/2018disposed of

T.Chandra, v. The Tahsildar,

2018-07-18Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15636 of 2018 T.Chandra ... Petitioner Vs.

1.The Tahsildar, Taluk Office, Manachanallur, Tiruchirappalli District.

2.The Surveyor, Manachanallur Taluk Office, Manachanallur Post & Taluk, Trichirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents to demarcate the petitioner's property comprised in Survey No.220 to an extent of 3785 square feet of Kovathakudi Villages, pachur, Lalkudi Taluk, Tiruchirappalli District based on petitioner's representation dated 05.10.2017 within the time frame as fixed by this Court. For Petitioner : Mr.P.Sivachandran For Respondents : Mr.J.Gunaseelanmuthiah Additional Government Pleader.

ORDER

By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 2.It is the grievance of the petitioner that her representation dated 05.10.2017 to demarcate the property of the petitioner in Survey No.220 situated at Kovathakudi Village, Pachur, Lalkudi Taluk, Trichy District has not been considered by the respondent till date and therefore, has filed the present writ petition.

3.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. https://hcservices.ecourts.gov.in/hcservices/

4.In view of the limited prayer sought for in this writ petition, there shall be a direction to the respondent to consider the petitioner's representation dated 05.10.2017 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 property. 5.With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar To 1.The Tahsildar, Taluk Office, Manachanallur, Tiruchirappalli District.

2.The Surveyor, Manachanallur Taluk Office, Manachanallur Post & Taluk, Trichirappalli District.

+1cc to M/S.P.Sivachandran, Advocate SR.No. 73698 +1cc to Special Government Pleader, SR.No. 73870 W.P.(MD)No.15636 of 2018 18.07.2018 ta JM/PN/SAR 3/30.07.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/