Madras High CourtWP(MD)/16265/2018disposed of

P.Rathinam, v. The Tahsildar

2018-07-25Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16265 of 2018 P.Rathinam ... Petitioner Vs.

1. The Tahsildar Tahsildar Office Krishnarayapuram Karur District

2. The Taluk Surveyor Tahsildar Office Krishnarayapuram Taluk Karur 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 measure and identify the boundaries of the writ petitioner property comprised in S.No.187/10, Karupathur Village, Krishnarayapuram Taluk, Karur District.

For Petitioner :

Mr.K.Govindarajan For Respondents :

Mr.J.Gunaseelan Muthiah Additional Government Pleader

ORDER

Mr.J.Gunaseelan Muthiah, 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 submitted during November 2017 seeking to measure and identify the boundaries of his property comprised in Survey No.187/10 of Karupathur Village, Krishnarayapuram Taluk, Karur District, has not been considered by the respondents till date and therefore, he has filed the present writ petition.

4. This Court has not expressed any of its view with regard to the merits of the application made by the petitioner. It is needless to point out that whenever an application 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 application within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

5. In view of the above observations, the petitioner is directed to give a copy of the application given during November, 2017 to the respondents herein once again along with a copy of this order and on receipt of such application, the first respondent shall consider the same on its own merits and take further action in accordance with law, within a period of six weeks thereafter. Such an exercise shall be done after giving due opportunity to the petitioner as well as to the 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 (CS-I) /True Copy/ Sub Assistant Registrar(CS-IV) To:

1. The Tahsildar, Tahsildar Office, Krishnarayapuram, Karur District.

2. The Taluk Surveyor, Tahsildar Office, Krishnarayapuram Taluk, Karur District.

W.P.(MD) No.16265 of 2018 25.07.2018 KRK ES/MMS/SAR 4/02.08.2018/2P/3C https://hcservices.ecourts.gov.in/hcservices/