S.Kandammal v. The Tahsildar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.07.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.16536 of 2018 S.Kandammal ... Petitioner vs.

1. The Tahsildar, Srivilliputhur Taluk Office, Srivilliputhur, Virudhunagar District.

2. The Taluk Surveyor, Srivilliputhur Taluk Office, Virudhunagar District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus, to direct the respondents herein to survey and lay the boundaries in respect of the petitioner's property comprised in Survey No.472/A and 472/A41 situated at Watrap village, Srivilliputhur Town and Taluk, Virudhunagar District on the basis of the petitioner's representation dated 28.03.2018 and 10.07.2018 within the time stipulated by this Court.

For Petitioner :

Mr.C.Gangai Amaran 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 10.07.2018 seeking to survey and lay the boundaries in respect of her property, has not been considered by the respondents till date and therefore, she has filed the present writ petition.

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

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 representation dated 10.07.2018 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 conducting enquiry and 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(CS-I) To:

1. The Tahsildar, Srivilliputhur Taluk Office, Srivilliputhur, Virudhunagar District.

2. The Taluk Surveyor, Srivilliputhur Taluk Office, Virudhunagar District.

+1cc to Mr.C.Gangai Amaran, Advocate Sr.No.75887 +1cc to Spl.Government Pleader Sr.No.75577 RMK VB/KAK/SAR1/07/08/2018/2P/5C W.P.(MD) No.16536 of 2018 27.07.2018 https://hcservices.ecourts.gov.in/hcservices/