Madras High CourtWP/4894/2023disposed of

T.Kalaimani v. The District Collector

2023-02-20Honourable Mr Justice R. Suresh Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.4894 of 2023 T.Kalaimani ....

Petitioner -Vs1 The District Collector Kallakurichi District Kallakurichi 2 The Revenue Divisional Officer Kallakurichi Town Kallakurichi District 3 P.Chakarapani ....

Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the Statutory Appeal of the petitioner dated 5.12.2022 within a stipulated period.

For Petitioner : Mr.K.Selvaraj For Respondents : Mr.Yogesh Kannadasan Special Government Pleader Notice dispensed with - R3

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the 2nd respondent to consider and pass orders on the Statutory Appeal of the petitioner dated 5.12.2022 within a stipulated period.

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2. The petitioner preferred an appeal against the order passed by the Tahsildar before the 2nd respondent / Revenue Divisional Officer under Section 12 of the Patta Passbook Act on 05.12.2022 and in order to consider the said appeal and to decide the same, the present writ petition has been filed.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader for the official respondents. In view of the order that is going to be passed in this writ petition, notice to the private respondent is dispensed with.

4. Learned Special Government Pleader would submit that, the said appeal filed by the petitioner before the 2nd respondent would be considered and decided on merits and in accordance with law, after giving an opportunity of being heard to the petitioner as well as the 3rd respondent within a time frame that may be stipulated by this Court.

5. Considering the said submission of the learned Special Government Pleader, this Court directs the 2nd respondent to consider the appeal filed by the petitioner dated 05.12.2022 on merits and in accordance with law, of course after giving an opportunity of being heard to the petitioner as well as the 3rd 2 / 4

respondent, and pass necessary orders within a period of six weeks from the date of receipt of a copy of this order. With the above directions, this writ petition is disposed of. No costs.

20.02.2023 Index : Yes/No Speaking Order / Non-speaking order KST To 1 The District Collector Kallakurichi District Kallakurichi 2 The Revenue Divisional Officer Kallakurichi Town Kallakurichi District 3 / 4

R. SURESH KUMAR, J.

KST W.P.No. 4894 of 2023 20.02.2023 4 / 4