Case Note & Summary
The petitioner, V. Ramachandran, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court seeking a Writ of Mandamus to direct the respondents 1 and 2 (the Tahsildar and Surveyor of Dindigul East) to consider his representation dated 1.11.2022. The representation requested survey of lands and earmarking of boundaries in Ragalapuram Village, Dindigul East, Dindigul District, in respect of Joint Patta No.168 in S.No.375 (43 cents) and Joint Patta No.922 in S.Nos.374 and 378/1 (50 cents and 64 cents, total 1 acre 35 cents). The petitioner sought separate patta for the entire extent in his name. He had paid necessary charges along with the application, but the second respondent failed to take any action. The court noted that by consent of both parties, the writ petition was taken up for final disposal at the admission stage. The court, following its earlier order in W.P(MD)No.12676 of 2024 dated 14.06.2024, issued directions for considering the application for survey and fixing boundaries. The court directed the respondents 1 and 2 to consider the petitioner's representation dated 1.11.2022 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of the order. The court also clarified that it is open to any aggrieved party to move this court by way of review or recall if there is any suppression of material facts by the petitioner.
Headnote
A) Writ Law - Mandamus - Survey and Demarcation - Direction to Consider Representation - Petitioner sought direction to Tahsildar and Surveyor to consider his representation for survey and demarcation of land held under joint patta - Court directed respondents to consider the representation within a stipulated time following earlier order in W.P(MD)No.12676 of 2024 - Held that the authorities must consider the application for survey and fixing boundaries in accordance with law (Paras 1-5).
Issue of Consideration
Whether the respondents 1 and 2 should be directed to consider the petitioner's representation for survey and demarcation of boundaries and issuance of separate patta.
Final Decision
The court directed the respondents 1 and 2 to consider the petitioner's representation dated 1.11.2022 and pass appropriate orders on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order. The court also clarified that it is open to any aggrieved party to move this court by way of review or recall if there is any suppression of material facts by the petitioner.
Law Points
- Writ of Mandamus
- Survey and demarcation of land
- Joint patta
- Separate patta
- Consideration of representation
