P.S.Kalaiselvan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.11566 of 2016 P.S.Kalaiselvan ... Petitioner Vs.
1.The District Collector, Collectorate Building, Madurai-20.
2.The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai-20.
... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 2nd respondent to demarcate and fix the boundary of the petitioner's property situated in Survey No.364/6A in old Patta No.535, New patta No.2432 at Soolapuram Village, Peraiyur Taluk, Madurai District by considering the petitioner's representation dated 31.10.2015.
For Petitioner : Mr.P.S.Kalaiselvan (party-in-person) For Respondents : Mr.J.Gunaseelan Muthiah Government Advocate
ORDER
Heard both sides.
2. By consent, the main writ petition itself is taken up for final disposal. No counter is filed.
3. It comes to be known that the petitioner had submitted a representation as early as on 31.10.2015 before the 2nd respondent/Tahsildar, Periyur Taluk, Madurai District praying for measurement of his property in Sy.No.364/6A, measuring an extent of 7 ares in patta No.2432 at Soolapuram Village, Peraiyur Taluk, Madurai District. The petitioner had paid proper fee of Rs.100 on 10.10.2015 for fixing boundary and demarcation of the property. https://hcservices.ecourts.gov.in/hcservices/
Unfortunately, the said representation of the petitioner dated 31.10.2015 has not seen the light of the day.
4. In view of the fact that the petitioner's representation dated 31.10.2015 addressed to the second respondent/ Tahsildar, Periyur Taluk, Madurai District, has not seen the light of the day, till date, at this stage, this Court, without going into the merits and contents of the representation of the petitioner dated 31.10.2015, based on Equity, Good Conscience, Fair Play and even as a matter of Prudence, directs the second respondent/ Tahsildar, Periyur Taluk, Madurai District to look into the representation of the petitioner dated 31.10.2015, within a period of 3 days from the date of receipt of a copy of this order.
Thereafter, the second respondent/ Tahsildar, Periyur Taluk, Madurai District, is to pass a reasoned, speaking order on merits (by outlining the process of reasoning in qualitative and quantitative fashion, of course, after providing opportunity to the petitioner and others concerned, by adhering to the principles of Natural Justice) and to dispose of the same within a period of 2 weeks thereafter. The petitioner is directed to render his unstinted co-operation and assistance to the second respondent/ Tahsildar, Periyur Taluk, Madurai District so as to enable him to dispose of his representation, dated 31.10.2015, in complete and comprehensive manner.
5. With the aforesaid observations and direction, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Collectorate Building, Madurai-20.
2.The Tahsildar, Peraiyur Taluk, Peraiyur, Madurai-20.
+1cc to Mr.V.BALAJI,Advocate Sr.No.33799 +1cc to Spl.Government Pleader Sr.No. 33919 VS AA/GSV-PM/12.07.2016/2p-5c Writ Petition (MD).No.11566 of 2016 29.06.2016 https://hcservices.ecourts.gov.in/hcservices/