Case Note & Summary
The petitioner, Nagaraj, filed a Writ Petition under Article 226 of the Constitution of India seeking a Writ of Mandamus to direct the Tahsildar, Sivagiri, Tenkasi District, to survey and demarcate the boundaries of his property comprised in S.No.875/2, measuring 19 ½ cents, situated at Thirumalapuram Village, Ramanathapuram Post, Sivagiri Taluk, Tenkasi District. The petitioner claimed ownership based on a Release deed from his grandfather Ponthaiya for 8.60 cents and a sale deed from his brother for 3 ¼ cents, and had constructed a house and been in possession for 15 years. Due to attempted encroachment by adjacent landowners, the petitioner applied on 12.09.2024 to the first respondent for survey and demarcation, paying a fee of Rs.800/- via e-challan. No action was taken, leading to a representation on 10.12.2024, which also remained unaddressed. The learned Additional Government Pleader submitted that the petitioner had not produced supporting documents, but assured that the representation would be considered on merits. The court, in light of this submission, directed the first respondent to consider the representation dated 10.12.2024 and pass orders within six weeks from receipt of the order copy. The writ petition was disposed of accordingly.
Headnote
A) Constitutional Law - Writ of Mandamus - Article 226 of the Constitution of India - Direction to Consider Representation - Petitioner sought survey and demarcation of his property based on a representation dated 10.12.2024 - The court, noting the respondent's submission that the representation would be considered, directed the first respondent to pass orders within six weeks - Held that a writ of mandamus is maintainable to compel consideration of a pending representation (Paras 1-5).
Issue of Consideration
Whether the Tahsildar should be directed to consider the petitioner's representation for survey and demarcation of his property.
Final Decision
The court directed the first respondent to consider the petitioner's representation dated 10.12.2024 and pass orders on merits and in accordance with law within a period of six weeks from the date of receipt of a copy of this order. The writ petition was disposed of.
Law Points
- Writ of Mandamus
- Article 226
- Survey and Demarcation
- Representation
- Time-bound Disposal
