C.Ganesan, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.15973 of 2016 C.Ganesan ... Petitioner Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Mandamus, directing the respondents to consider the Petitioner's representation, dated 25.07.2016 and to survey and to fix the boundary line for the Petitioner's property in Survey No.30/2A measuring an extent to 5 1⁄2 cents situated in Virudhunagar District, Sivakasi Taluk, Anaiyur Village, within a stipulated time.

For Petitioner : Mr.R.Prabu Ramachandran For Respondents : Mr.S.Kumar, Additional Government Pleader

O R D E R

Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. No counter-affidavit is filed on behalf of the Respondents.

2. According to the Petitioner, his application/ representation, dated 25.07.2016, seeking to survey and fix the boundary line for his property in Survey No.30/2A measuring an extent of 5 1⁄2 cents situated in Anaiyur Village, Sivakasi Taluk, Virudhunagar District, is pending before the Second Respondent/ Tahsildar, Sivakasi Taluk, Virudhunagar District, without any progress or disposal till date. Hence, he has filed the present Writ Petition.

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3.

Considering the fact that the Petitioner's application/representation, dated 25.07.2016, is pending on the file of the Second Respondent/Tahsildar, Sivakasi Taluk, Virudhunagar District, without any progress or disposal till date, at this stage, this Court, prevent an aberration of justice and to promote substantial cause of justice, directs the Second Respondent to look into the representation of the Petitioner, dated 25.07.2016 and to dispose of the same by passing a reasoned 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), within a period of six weeks from the date of receipt of a copy of this order.

In case, the Second Respondent is in need of any copy of relevant records/certified copy of documents, as the case may be, then, it is open to the Second Respondent to call for such records/documents from the possession of the Petitioner by means of issuance of memo/notice and soon after receipt of such memo/notice, it is incumbent on the part of the Petitioner to comply with the plea/request made by the Second Respondent without any haziness or hesitation, as expeditiously as possible, so as to enable the Second Respondent/Tahsildar, Sivakasi Taluk, Virudhunagar District, 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 Second 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(Writs) /True copy/ Sub Assistant Registrar To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Tahsildar, Sivakasi Taluk Office, Sivakasi, Virudhunagar District.

+1cc to Mr.R.Prabu Ramachandran, Advocate Sr.No.47667 +1cc to special Government Pleader Sr.No.47699 pm sm:CK:07/09/2016:2P/5C W.P(MD)No.15973 of 2016 26.08.2016 https://hcservices.ecourts.gov.in/hcservices/