Madras High CourtWP(MD)/17131/2018disposed of

M/S.P.Palanisamy v. The Thasildhar

2018-08-02Honourable Mr Justice M.S. Ramesh2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD) No.17131 of 2018 P.Palanisamy ... Petitioner vs.

1. The Tahsildhar Natham Taluk Dindigul District

2. The Taluk Surveyor Natham Taluk Dindigul District ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing the respondents authorities to survey petitioner's land comprised in Dindigul District, Dindigul Registration District, Sethura, Sub District, Natham Panchayat within the limit of Sethur Village, Patta No.1074, Resurvey No.437/1A, Punja H.A.005.5(13 and 1⁄2 cents) within stipulated time fixed by this Hon'ble Court. For Petitioner :

Mr.R.Ravindran For Respondents :

Mr.V.Anand Government Advocate

O R D E R

Mr.V.Anand, learned Government Advocate, 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 representation dated 14.06.2018 seeking to survey his land , 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 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.

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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 14.06.2018 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 as well as to 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(CS-II) /True Copy/ Sub Assistant Registrar(CS-III) To

1. The Tahsildhar Natham Taluk Dindigul District.

2. The Taluk Surveyor Natham Taluk Dindigul District.

+1cc to Spl.Government Pleader Sr.No.77329 +1cc to Mr.R.Ravindran, Advocate Sr.No.77284 AAV VB/KAK/SAR3/13.08.2018/2P/5C W.P.(MD) No.17131 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/