P.Govindasamy v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.02.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN P.Govidhasamy ... Petitioner Vs.

1. The Revenue Divisional Officer Office of Revenue Divisional Officer Sankari, Salem District

2. The Tahsildar Office of Tahsildar Edapadi, Salem District

3. Bhama ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the appeal dated 15.11.2023 filed by the petitioner against the order of the 2nd respondent dated 19.10.2023 in his proceedings in Na.Ka.3034/2023(D) and dispose of the same within a reasonable time as fixed by this Court. For Petitioner : Mr.R.Nalliyappan For R1 and R2 : Mr.A.Selvendran Special Government Pleader 1/6

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 1st respondent to consider the appeal dated 15.11.2023, filed by the petitioner against the order of the 2nd respondent dated 19.10.2023 in his proceedings in Na.Ka.3034/2023(D) and dispose of the same within a reasonable time as may be fixed by this Court.

2. The learned counsel for the petitioner submitted that it would suffice if a direction is issued to the 1st respondent to dispose of the petitioner's appeal dated 15.11.2023 within a stipulated time as may be fixed by this Court.

3.Mr.A.Selvendran, learned Special Government Pleader takes notice for the respondents 1 and 2. Since no adverse order is to be passed against the 3rd respondent, notice to the 3rd respondent is dispensed with.

4. It is to be noted that this Court, in W.P.No.262 of 2018 (D.Tulasi vs. The District Revenue Officer, Dharmapuri etc. and batch), by order dated 09.06.2023, directed the Department to issue circular in regard to disposal of 2/6

the application/petition/revision/appeals and etc., within time limit and obey the Court orders and in that regard, the Commissioner of Land Administration has also issued a circular No.R1/2005632/2022 dated 17.07.2023 as to how the matters have to be dealt with and within the period of which, the matters have to be disposed of has been fixed in the circular and inspite of the same, the Departments are not following either the order of this Court or the circular.

5. Having regard to the submissions made by the learned counsel on either side and since this writ petition is filed seeking a simple writ of mandamus to dispose of the petitioner's appeal, this Court without expressing any opinion with regard to the merits of the case, directs the 1st respondent to issue notice/summon to the petitioner, 3rd respondent herein and the respondents in that appeal if any and also to the interested parties/rival claimants/objectors if any as the case may be and conduct enquiry in the manner known to law if already not conducted and dispose of the petitioner's appeal dated 15.11.2023 if already not disposed of, on merits and in accordance with law, within the time as stipulated in the said circular, from the date of receipt of a copy of this order.

6. With the above directions, this Writ Petition is disposed of at the 3/6

admission stage itself. There shall be no order as to costs. 05.02.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 4/6

To

1. The Revenue Divisional Officer Office of Revenue Divisional Officer Sankari, Salem District

2. The Tahsildar Office of Tahsildar Edapadi, Salem District 5/6

P.VELMURUGAN. J.

Ksa-2 05.02.2024 6/6