Maruthambal v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.15692 of 2018 Maruthambal ... Petitioner vs.

1. The District Collector, Thiruchirappalli District, Thiruchirappalli.

2. The Tahsildar, Lalkudi Taluk, Thiruchirappalli District.

3. The Head Surveyor, Lalkudi Taluk, Thiruchirappalli District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus,directing the respondents to measure and demarcate the petitioner's lands in Survey No.70/6, Saradamangalam Village, Lalgudi Taluk, Thiruchirappalli District within a stipulated time as may be fixed by this Court.

For Petitioner : Mr.M.Sridharan For Respondents : Mr.J.Gunaseelanmuthiah, Additional Government Pleader.

O R D E R

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 her representation dated 12.06.2018, seeking to measure and demarcate her lands in Survey No.70/6, situated at Saradamangalam Village, Lalgudi Taluk, Thiruchirappalli District, has not been considered by the second respondent till date and therefore, she 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 second respondent to consider the petitioner's representation dated 12.06.2018 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 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(Crl.side) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Thiruchirappalli District, Thiruchirappalli.

2. The Tahsildar, Lalkudi Taluk, Thiruchirappalli District.

3. The Head Surveyor, Lalkudi Taluk, Thiruchirappalli District.

+1cc to Mr.M.Sridharan, Advocate SR.No.73960 +1cc to SPECIAL GOVERNMENT PLEADER,SR.No.74117 Cp MK/RSK/SAR 4/01.08.2018/2P/6C W.P.(MD) No.15692 of 2018 19.07.2018 https://hcservices.ecourts.gov.in/hcservices/