Vejathibala Trust v. The Special Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.01.2021

CORAM:

THE HONOURABLE MR.JUSTICE N.SESHASAYEE W.P.No.566 of 2021 M/s.Vejathibala Trust, Represented by its Managing Trustee, Tmt.Lalithammal, Zamin Palace, No.1, Aranmanai Street, Vettavalam Village & Post, Thiruvannamalai District.

...Petitioner

-Vs1.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai-600 005.

2.The District Collector, Thiruvannamalai District, Thiruvannamalai.

3.The District Revenue Officer, Thiruvannamalai.

4.The Authorised Officer (Land Reforms) and Revenue Divisional Officer, Thiruvannamalai.

...Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 3rd respondent herein to dispose of the appeal dated 27.08.2018, filed by the petitioner challenging the order of the 4th respondent in proceedings A5/4691/2016 dated 10.07.2018 within a stipulated period.

For Petitioner : Mr.S.V.Karthikeyan For Respondents : Mr.S.N.Parthasarathi Government Advocate

ORDER

The petitioner challenges the order passed by the 4th respondent under the provisions of the Tamil Nadu Land Reforms Act. The petitioner has preferred an appeal to the 3rd respondent and the appeal is said to be pending. He seeks for expeditious disposal of the matter and now he approached this Court for a direction to the 3rd respondent for the purpose.

2. Heard Mr.S.V.Karthikeyan, learned counsel for the petitioner and Mr.S.N.Parthasarathi, learned Government Advocate appearing for the respondents.

3. The learned Government Advocate made a statement, on instructions, that when a notice was sent to the petitioner for enquiry on 16.07.2020, the petitioner did not turn up. On 19.12.2020, another notice was sent requiring the petitioner to make available with all the documentary and other evidentiary materials to substantiate his contentions and that an enquiry was schedule to take place at 3 p.m., on 09.02.2021 at the office of the 3rd respondent.

4. The said statement of the learned Government Advocate is recorded.

5.Since the enquiry is already fixed, no further direction is required to be made except that the 3rd respondent is directed to issue notice to all the parties who are likely to be affected by his decision and after providing the parties a fair and effective hearing, to dispose of the matter through a speaking order within a period of eight(8) weeks from the date of receipt of a copy of this order.

6.The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssn To 1.The Special Commissioner and Commissioner of Land Administration, Chepauk, Chennai-600 005.

2.The District Collector, Thiruvannamalai District, Thiruvannamalai.

3.The District Revenue Officer, Thiruvannamalai.

4.The Authorised Officer (Land Reforms) and Revenue Divisional Officer, Thiruvannamalai.

+1cc to Mr.S.V.Karthikeyan, Advocate, SR2463 +1cc to The Government Pleader, SR2137 W.P.No.566 of 2021 CO(GP) BDL/22/01/2021