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Madras High CourtWP(MD)/17226/2018disposed of

Periyakaranthan, v. The District Revenue Officer,

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.17226 of 2018 Periyakaranthan ... Petitioner vs.

1. The District Revenue Officer Dindigul District Dindigul

2. The Tahsildhar Dindigul East 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 to dispose of the petitioner's representation dated 28.02.2017 seeking rectification of the wrong entry made in the Field Map Book (FMB) in respect of survey No.1539/1,Senkurichi Village, Dindigul East Taluk, Dindigul District within a time frame that may be stipulated by this Honourable Court. For Petitioner :

Mr.R.Ponkarthikeyan For Respondents :

Mr.N.Shanmuga Selvam Additional Government Pleader

O R D E R

Mr.N.Shanmuga Selvam, 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 representation dated 28.02.2017 seeking rectification of the wrong entry made in the Field Map Book (FMB) in respect of survey No.1539/1,Senkurichi Village, Dindigul East Taluk, Dindigul District, has not been disposed by the second respondent 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 https://hcservices.ecourts.gov.in/hcservices/

such, this Court would be justified in invoking its powers conferred under Article 226 of the Constitution of India to direct them to dispose 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 dispose the petitioner's representation dated 28.02.2017 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 District Revenue Officer Dindigul District Dindigul.

2. The Tahsildhar Dindigul East Taluk Dindigul District.

+1cc to Mr.R.Ponkarthikeyan, Advocate Sr.No.76489 AAV VB/KAK/SAR3/23.08.2018/2P/4C W.P.(MD) No.17226 of 2018 02.08.2018 https://hcservices.ecourts.gov.in/hcservices/