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Madras High CourtWP/3900/2022disposed of

J.Saravanan v. The Collector

2022-02-22Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.02.2022 CORAM :

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.NO.3900 OF 2022 1.J.Saravanan 2.M.Srinivasan 3.P.Sakthivel

...Petitioners

Vs.

1.The Collector, Namakkal District, Namakkal.

2.The Revenue Divisional Officer, Namakkal District, Namakkal.

3.The Tahsildar/Executive Magistrate, Mohanur Taluk, Mohanur, Namakkal District.

4.The Inspector of Police, Mohanur Police Station, Mohanur, Namakkal District.

5.P.Ganesan 6.Balusamy 7.C.P.Navaladi 8.Subramani 9.Arumugam 10.Palanisamy 11.Nataraj 12.Subramani 13.Kandasamy

...Respondents

PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus to direct the second respondent to dispose the appeal in Appeal No.5308 of 2021 filed by the petitioners dated 18.11.2021. For Petitioners :

Mr.S.Doraiswamy For Respondents :

Mr.M.Murali Government Advocate

ORDER

The petitioner has filed this petition seeking a direction to the second respondent to dispose the appeal in Appeal No.5308 of 2021 filed by the petitioners dated 18.11.2021.

2. Mr. M.Murali, learned Government Advocate takes notice for the respondent. In view of the limited relief sought for in this petition and on the consent expressed by the Learned counsel appearing on either side, this petition is taken up for final disposal.

3. The case of the petitioner is that the petitioner is the owner of the disputed property. The fifth respondent made application before the Tahsildar for providing path way in the land belonging to the petitioner. However, the Tahsildar directed the petitioner as well as fifth respondent to approach the Civil Court. Even then, he made an observation and issued direction to the petitioner to make path way. Challenging the same, the petitioner made a representation before the second respondent on 18.11.2021. However, till date no action has been taken by the respondent on the representation made by the petitioners. Hence, the present Writ Petition has been filed by the petitioners.

4. Though very many grounds have been raised, learned counsel for the petitioner submits that it would suffice if this Court directs the respondent to consider the petitioner's representation dated 18.11.2021, within the time frame that may be fixed by this Court.

5. The learned Government Advocate appearing for the respondent submitted that the petitioners application dated 18.11.2021 will be considered by the respondent within the time frame fixed by this Court.

6. Considering the facts and circumstances, the second respondent is directed to consider the petitioner's application dated 18.11.2021 and pass orders on merits and in accordance with law, after providing an opportunity of hearing to the

petitioners and private respondents, within a period of twelve weeks from the date of receipt of a copy of this order.

7. With the above said direction, the present writ petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-II) // True Copy // Sub Assistant Registrar psa To 1.The Collector, Namakkal District, Namakkal.

2.The Revenue Divisional Officer, Namakkal District, Namakkal.

3.The Tahsildar/Executive Magistrate, Mohanur Taluk, Mohanur, Namakkal District.

4.The Inspector of Police, Mohanur Police Station, Mohanur, Namakkal District.

+1cc to M/s.S.Doraisamy, Advocate Sr.No.11377 +1cc to the Government Pleader Sr.No.12328 W.P.No.3900 of 2022 AD(CO) RVM(07/03/2022)