Madras High CourtWP(MD)/15570/2016disposed of

Sethuraman, v. The Tahsildar

2016-08-23Honourable Mr Justice M. Venugopal3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15570 of 2016 Sethuraman ... Petitioner Vs.

The Tahsildar,Tahsildar Office, Thirumangalam Taluk, Madurai District.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the Respondent to survey and fix the boundary stones in the Petitioner's land in Survey No.317/61 with an extent of 2.92 1⁄2 cents situated at Sivarakottai Village, Thirumangalam Taluk, Madurai District, by considering the petitioner's representation, dated 10.08.2016 within a time frame stipulated by this Court. For Petitioner : Mr.S.Muniyandi For Respondent : Mr.J.Gunaseelan Muthaiah, Government Advocate

O R D E R

Heard both sides.

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

3. No counter-affidavit is filed on behalf of the Respondent.

4. According to the Petitioner, after the Settlement Deed executed by his brother in his favour, he is enjoying the property till now by paying revenue tax pertaining to land in Survey No.317/61 measuring an extent of 2.92 1⁄2 cents situated at Sivarakottai Village, Thirumangalam Taluk, Madurai District. In fact, the patta was also transferred to his name by the Respondent. He made an application before the Respondent for survey of his land and paid the necessary survey fees etc., on 08.08.2016. He has also produced all the relevant records before the Respondent. However, no steps have been taken based on his Application.

2. It appears that the Petitioner made an Application for surveying his land before the District Revenue Officer, Madurai, on 23.06.2016 and he was issued with receipt No.2333. As a matter of fact, the District Revenue Officer, Madurai, directed him to approach the Respondent and issued a direction that the Petition should be considered within 23.07.2016. Indeed, his Application is on the table of the Respondent without any action being taken in this regard. Therefore, he addressed another representation on 10.08.2016 to survey his land and the same was duly acknowledged by the Respondent.

3. Considering the fact that the Petitioner's representation, dated 10.08.2016, is pending before the Respondent/Tahsildar, Tirumangalam Taluk, Madurai District, without any progress or disposal, at this stage, this Court simpliciter, without traversing upon the merits and contents of the representation of the Petitioner, dated 10.08.2016, directs the Respondent to look into the representation of the Petitioner, dated 10.08.2016 with all seriousness and earnestness and to dispose of the same, within a period of six weeks from the date of receipt of a copy of this Order.

It is needless for this Court to point out that the Respondent is to pass a speaking order on merits (Of course after adhering to the Principles of Natural Justice by issuing notice to the Petitioner and others concerned if any, who are interested in the subject matter in issue). In case, the Respondent is in requirement of any copy of relevant records/copy of documents, as the case may be, then, it is open to the respondent to call for such records/documents from the possession of the Petitioner by means of issuance of memo and soon after receipt of such memo, it is incumbent on the part of the Petitioner to comply with the plea/request made by the Respondent without any haziness or hesitation, as expeditiously as possible, so as to enable the Respondent to do the needful, within the time adumbrated by this Court, as stated supra.

Needless for this Court to make a significant mention that the Petitioner is to render his assistance and instinted co-operation to the Respondent in the subject matter in issue.

With the above said Direction(s)/Observation(s), this Writ Petition stands disposed of. No Costs.

Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar

To The Tahsildar, Tahsildar Office, Thirumangalam Taluk, Madurai District.

+1cc to M/S.S.MUNIYANDI,ADVOCATE, SR NO: 46598 +1cc to M/S.THE SPECIAL GOVERNMENT PLEADER, SR NO: 46561 pm JA-SKS-RR-31.08.2016-3P-4C W.P(MD)No.15570 of 2016 23.08.2016