Madras High CourtWP(MD)/12682/2016disposed of

Gnanambal v. The Tahsildar,

2016-07-20Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 20.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.12682 of 2016 Gnanambal ..Petitioner Vs The Tahsildar, Gandarvakottai and Taluk, Pudukkottai District.

..Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondent to consider the Petitioner's representation dated 14.6.2016 and 13.7.2016 to measure the Petitioner's land fixing four boundaries in S.No.403/6(Old S.No.202/3), measuring an extent of 0.08.5 ares in Koviloor Village, Gandarvakkottai Taluk, Pudukkottai District. For Petitioner :M/s.N.Balakrishnan For Respondent :Mr.J.Gunaseelan Muthiah Government Advocate

ORDER

Heard both sides.

2.By consent of both sides, the main Writ Petition itself is taken up for final disposal.

3.No counter is filed on behalf of the Respondents. 4.According to the Petitioner, the subject-property was measured earlier and only on that basis, she was granted patta. In order to avoid unnecessary trouble and to purchase peace, the Petitioner desires to measure her land with the help of the Respondent, giving notice to the boundary owners. 5.It comes to be known that the Petitioner paid necessary fees before the Sub-Treasury, Gandharvakkottai on 14.06.2016. In-spite of the same, there is no response from the side of the Respondent till date. Once again, the Petitioner was constrained to sent a representation by means of Registered Post on 13.07.2016 and that has also not met with any positive result. Hence the Petitioner has filed the present Writ Petition.

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6.In view of the fact that the Petitioner's two representations, dated 14.6.2016 and 13.7.2016 are still pending in the hands of the Respondent/The Tahsildar, Gandharvakkottai and Taluk, Pudukkottai District, without any disposal or progress in the subject-matter in issue, this Court, at this stage, to advance the cause of justice, simply directs the Respondent to immediately to take up the said two representations dated 14.6.2016 and 13.7.

2016 of the Petitioner within a week from the date of receipt of a copy of this order and thereafter, to pass a reasoned speaking order on merits in a fair, free, unbiased and dispassionate manner(of course after providing necessary opportunity to the Petitioner and others concerned, if any, by adhering to the principles of natural justice in true letter and spirit) within a period of three weeks thereafter. It is open to the Petitioner to produce copies of all necessary/relevant documents before the Respondent and the Respondent shall take into consideration of the same at the time of disposal of the representations of the Petitioner, dated 14.6.2016 and 13.7.2016. The Petitioner is also directed to lend her assistance/cooperation to the Respondent in disposing of her representations, dated 14.6.2016 and 13.7.

2016, within the time adumbrated by this Court.

7.With the aforesaid observations and directions, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar To The Tahsildar, Gandarvakottai and Taluk, Pudukkottai District. +1 CC to the Special Government Pleader, SR No.37943 +1 CC to Mr.N.Balakrishnan, Advocate, SR No.38020 W.P(MD)No.12682 of 2016 20.07.2016 vsn SH/NGM-MP/SAR-II:22.07.2016:2P/4C https://hcservices.ecourts.gov.in/hcservices/