C.M. Annamalai v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.7384 of 2018 C.M.Annamalai S/o.Late C.P.Muthusamy Gounder .. Petitioner Vs.

1.The Joint Commissioner HR & CE Department, Coimbatore Division, Dr.Balasundaram Road, Coimbatore-18.

2.The Executive Officer A/m.Lakshmi Narasimmasamy Temple South Ukkadam, Coimbatore.

3.The Record Office cum Tahsildar Coimbatore South Taluk Coimbatore.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to dispose the petitioner's application in R.P.No.7 of 2012 within time frame fixed by this Hon'ble Court. For Petitioner: Mr.V.Srikanth For Respondents: Mr.M.Maharaja Special Government Pleader for R1 & R2 Mr.R.Govindasamy Special Government Pleader for R3

O R D E R

Mr.M.Maharaja, learned Special Government Pleader takes notice for the respondents 1 and 2. Mr.R.Govindasamy, learned Special Government Pleader takes notice for the third respondent. 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 direction to the third respondent to dispose of his application in R.P.No.7 of 2012, wherein and whereby, he sought for recording his name as a cultivating tenant in the place of his deceased father, under the Tamil Nadu Agricultural Lands Record of Tenancy Rights Act, 1969.

3. It is claimed by the petitioner that the petitioner's father was recognized as cultivating tenant under the second respondent Temple and after his death, the petitioner has made an application in R.P.No.7 of 2012 before the third respondent to record his name as cultivating tenant in the place of his deceased father.

4. The grievance of the petitioner is that the said application filed before the third respondent in the year 2012 is still pending.

5. Considering the above stated facts and circumstances, without expressing any view on the merits of the claim made by the petitioner, this writ petition is disposed of, only by directing the third respondent to consider the said application filed by the petitioner and pass orders on the same on merits and in accordance with law, after hearing the petitioner as well as the second respondent Temple. Such exercise shall be done by the third respondent within a period of eight weeks from the date of receipt of a copy of this order. No costs. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.The Joint Commissioner HR & CE Department, Coimbatore Division, Dr.Balasundaram Road, Coimbatore-18.

2.The Executive Officer A/m.Lakshmi Narasimmasamy Temple South Ukkadam, Coimbatore.

3. The Record Office cum Tahsildar Coimbatore South Taluk Coimbatore.

+1cc to Mr.V.Srikanth, Advocate, S.R.No.24178 +1cc to the Government Pleader, S.R.No.24298 & 24104 W.P.No.7384 of 2018 CS/11/04/18