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Madras High CourtWP(MD)/15751/2018disposed of

Chellasamy v. The Tahsildhar

2018-07-19Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15751 of 2018 Chellasamy ... Petitioner Vs.

1. The Tahsildhar, Taluk Office, Ram Nagar, Devakottai, Sivagangai District.

2. Taluk head Surveyor, Taluk Office, Ram Nagar, Devakottai, Sivagangai District.

3. Taluk Assistant Surveyor, Taluk Office, Ram Nagar, Devakottai, Sivagangai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, directing the respondents 1 to 3 to survey and fix the boundary of the petitioner's land in Survey No.9/11, Vakkanakottai Village, Therappur Group, Devakottai Taluk, Sivagangai District based on petitioner's representation dated 08.05.2018 and 16.07.2018 respectively within stipulated time framed by this Court.

For Petitioner : Mr.S.Muthukumar For Respondents : Mr.J.Gunaseelanmuthiah, Additional Government Pleader.

ORDER

Mr.J.Gunaseelanmuthiah, 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 representations dated 08.05.2018 and 16.07.2018 respectively, seeking to survey and fix the boundary to his land comprised in Survey No.9/11, Vakkanakottai Village, Therappur Group, Devakottai Taluk, Sivagangai District, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

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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 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 representations dated 08.05.2018 and 16.07.2018 respectively 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 and 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(AS) /True Copy/ Sub Assistant Registrar(CS-III) To:

1. The Tahsildhar, Taluk Office, Ram Nagar, Devakottai, Sivagangai District.

2. Taluk head Surveyor, Taluk Office, Ram Nagar, Devakottai, Sivagangai District.

3. Taluk Assistant Surveyor, Taluk Office, Ram Nagar, Devakottai, Sivagangai District.

+1CC to Mr.S.Muthukumar, Advocate, SR.No. 73899 +1CC to the Special Government Pleader SR.No. 74099 W.P.(MD) No.15751 of 2018 19.07.2018 CP ES/SKN/RSK/SAR 3/06.08.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/