D.Mani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.01.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN D.Mani ... Petitioner Vs.

1. The District Collector Kallakurichi District Kallakurichi

2. The District Revenue Officer Kallakurichi - 606 202

3. The Revenue Divisional Officer Kallakurichi - 606 202

4. The Tahsildar Chinnasalem Kallakurichi District ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 2nd respondent to consider and dispose of the petitioner's appeal dated 14.08.2023 preferred against the order passed by the 4th respondent in Na.Ka.A5/129/2023 dated 10.07.2023 within a time limit as may be fixed by this Court.

For Petitioner : Mr.R.Lakshmi Narayanan For Respondents : Mrs.V.Yamunadevi Special Government Pleader 1/5

ORDER

This Writ Petition is filed seeking a Writ of Mandamus directing the 2nd respondent to consider and dispose of the petitioner's appeal dated 14.08.2023 preferred against the order passed by the 4th respondent in Na.Ka.A5/129/2023 dated 10.07.2023 within a time limit 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 2nd respondent to dispose of the petitioner's appeal dated 14.08.2023 within a stipulated time as may be fixed by this Court.

3. Mrs.V.Yamunadevi, learned Special Government Pleader takes notice for the respondents.

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 the application/petition/revision/appeals and etc., within the 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 2/5

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. Since this writ petition is filed seeking a simple writ of mandamus to the 2nd respondent to dispose of the petitioner's appeal, this Court without expressing any opinion with regard to the merits of the case, directs the 2nd respondent to issue notice/summon to the petitioner and to the respondents in that appeal and also to the interested parties/rival claimants/objectors/ adjacent land owners of the four boundaries of the subject property as the case may be and conduct enquiry in the manner known to law and dispose of the petitioner's appeal dated 14.08.2023 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 admission stage itself. There shall be no order as to costs. 31.01.2024 ksa-2 Index : Yes / No Speaking Order : Yes / No 3/5

To

1. The District Collector Kallakurichi District Kallakurichi

2. The District Revenue Officer Kallakurichi - 606 202

3. The Revenue Divisional Officer Kallakurichi - 606 202

4. The Tahsildar Chinnasalem Kallakurichi District 4/5

P.VELMURUGAN. J.

Ksa-2 31.01.2024 5/5