M.Balachandran v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR M.Balachandran ... Petitioner Vs.
The Commissioner, Madurai Corporation, Anna Maaligai, Tallakulam, Madurai-625 002.
... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to carry out the modification of Sub-Division entries in the Survey Records of the respondent based on the representation of the petitioner dated 22.05.2018 pertaining to the land in S.No.84/1J3 comprising an extent of 36 cents at Sathamangalam Village, Madurai Town bearing Door No.8B, Anna Nagar West Main Road, Kuruvikaran Salai, Madurai - 625 020. For Petitioner : Mr.S.Chandrasekaran For Respondent : Mr.J.Gunaseelan Muthiah Standing Counsel
ORDER
Mr.S.Chandrasekaran, learned counsel on record for writ petitioner is before this Court.
2. Mr. J.Gunaseelan Muthiah, learned Standing Counsel, accepts notice on behalf of respondent.
3. With consent of learned counsel on both sides, main writ petition is taken up, heard out and is being disposed of.
4. Instant main writ petition turns on a very narrow compass, as it is one seeking mandamus qua disposal of writ petitioner's representation dated 22.05.2018 wherein writ petitioner has sought amendments of Madurai Corporation records in tune with revenue records.
5. Notwithstanding several averments/ grounds raised / contentions urged in the affidavit filed in support of instant 1/3
writ petition, learned counsel for writ petitioner abridges the scope of the writ petition / prayer in instant writ petition and submits that it will suffice if the respondent is directed to dispose of the aforementioned representation of the writ petitioner, dated 22.05.2018, details of which have been alluded to supra.
6. Learned Standing Counsel for respondent submitted that the respondent shall consider the aforementioned representation dated 22.05.2018 made by the writ petitioner (page Nos.49 and 50 of the typed set of papers forming part of the case file).
7. The aforesaid representation dated 22.05.2018 shall be disposed of by the respondent on its own merits and in accordance with law as expeditiously as possible and in any event, within a period of eight (8) weeks from the date of receipt of a copy of this order.
8. It is made clear that in the course of the representation being considered by the respondent, if the rights of any other third party / parties or any other third party entity / entities is / are likely to be affected, the respondent shall put on notice and give reasonable opportunity to such third party / parties or any other third party entity / entities, before disposing of the aforementioned writ petitioner's representation. Though obvious, it is made clear that this Court has not expressed any opinion or view on the merits of the matter.
9. The proceeding / order of disposal of aforementioned representation shall be communicated by the office of the respondent to the writ petitioner under due acknowledgement within seven (7) working days from the completion of aforesaid exercise, ie., seven days from date of disposal.
10. Instant Writ Petition is disposed of with the above directions. There shall be no order as to costs. Sd/- Assistant Registrar (AD I) // True Copy // Sub Assistant Registrar(CS) SSL 2/3
To The Commissioner, Madurai Corporation, Anna Maaligai, Tallakulam, Madurai-625 002.
+2 CC to M/s.S.CHANDRASEKARAN, Advocate ( SR-92053[F] dated 16/10/2019 ) +1 CC to M/s.J.GUNASEELANMUTHIAH, Advocate ( SR-92213[F] dated 16/10/2019 ) 16.10.2019 KM/(25.10.2019) 3P 5C 3/3