Madras High CourtWP(MD)/16019/2018disposed of

P.Prasanna v. The Tahsildar

2018-07-23Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.07.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.16019 of 2018 P.Prasanna : Petitioner Vs.

1. The Tahsildar, Aandipatti Taluk, Theni District.

2. The Taluk Surveyor, Aandipatti Taluk, Theni District.

3. The Firka Surveyor, Aandipatti, Theni District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the third respondent to survey, demarcate and determine the boundaries of the petitioner's properties situated at Survey Nos.504/2B and 505, Aandipatti Village - I, Aandipatti Taluk, Theni District by considering his representation dated 15.03.2018 within a specific period as fixed by this Court.

For Petitioner : Mr.S.Balaji For Respondents : Mr.N.Shanmuga Selvam Additional Government Pleader

ORDER

Mr.N.Shanmuga Selvam, learned Additional Government Pleader takes notice on behalf of 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 15.03.2018., seeking to survey, demarcate and determine the boundaries of the petitioner's properties, has not been considered by the respondents till date and therefore, 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 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 him 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 15.03.2018, 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 conducting enquiry and giving due opportunity to the petitioner as well as to the 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-II) To

1. The Tahsildar, Aandipatti Taluk, Theni District.

2. The Taluk Surveyor, Aandipatti Taluk, Theni District.

3. The Firka Surveyor, Aandipatti, Theni District.

+ 1 CC TO Mr.S.BALAJI, ADVOCATE IN SR No. 74384 SJI TE/SKN/SAR-2 : 01/08/2018 : 2P/5C W.P.(MD)No.16019 of 2018 23.07.2018 https://hcservices.ecourts.gov.in/hcservices/