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Madras High CourtWP/5320/2018disposed of

K.M.Thangavel, v. The Sub Collector,

2018-03-09Honourable Mr Justice K. Ravichandrabaabu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.5320 of 2018 K.M.Thagavel .. Petitioner Vs.

1.The Sub Collector Pollachi.

2.The Tahsildar Pollachi.

... Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's appeal in R.C.No.139 of 2017 B1 filed against the order of the 2nd respondent dated 13.07.2016 made in File No.2016/0103/12/022146 rejecting the petitioner's application for transfer of Patta in petitioner's name in respect of the lands measuring 1.80 Acres situated in Survey No.309/4, Nallampalli Village, Pollachi Taluk, Coimbatore District.

For Petitioner: Mr.T.S.Vijaya Raghavan For Respondents: Mr.D.Suriyanarayanan Additional Government Pleader

O R D E R

Mr.D.Suriyanarayanan, learned Additional Government Pleader takes notice for the respondents. By consent of the parties, the main writ petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a mandamus directing the first respondent to dispose of the appeal filed by the petitioner dated 06.08.2016. It is stated that the said appeal was filed against the order of the 2nd respondent Tahsildar dated 13.07.2016, arising out of Patta proceedings.

3. Heard both sides.

https://hcservices.ecourts.gov.in/hcservices/

4. The grievance of the petitioner before this Court is that the said appeal has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the first respondent to consider and decide the same. Thus, this writ petition is disposed of, only with a direction to the first respondent to consider the appeal filed by the petitioner on 06.08.2016 and pass orders on the same on merits and in accordance with law, after hearing the petitioner and the other interested parties, if any. such exercise shall be done by the first respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Asst.Registrar (CS VII ) /true copy/ Sub Asst. Registrar mk To 1.The Sub Collector Pollachi.

2.The Tahsildar Pollachi.

+1cc to Mr.T.S.Vijaya Raghavan, Advocate sr.no.18742 +1cc to Government Pleader sr.no.18430 W.P.No.5320 of 2018 nr 26/03/2018 https://hcservices.ecourts.gov.in/hcservices/