M.Karthikeyan, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.02.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Karthikeyan ... Petitioner versus 1.The District Collector, The District Collector Office, Salem District.

2.The Revenue Divisional Officer, Sankari, Salem District.

3.The Tahsildar, Sankari Taluk, Sankari, Salem District.

4.P.Gunasekaran .....Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the second respondent to dispose the appeal filed by the petitioner dated 02.11.2023 before the second respondent within the time frame fixed by this Court.

For Petitioner :

Mr.A.Saravanan For Respondents :

Mr.T.Arun Kumar Additional Government Pleader for R1 to R3 Pg.Nos.1/5

O R D E R

Mr.T.Arun Kumar, learned Additional Government Pleader accepts notice for respondents 1 to 3. Since this writ petition is being disposed of without passing any adverse orders against 4th respondent, affecting his interest, notice to 4th respondent is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the second respondent to dispose of the appeal filed by the petitioner dated 02.11.2023.

3. The learned counsel for the petitioner submitted that as against the rejection order passed by the third respondent dated 26.09.2023, the petitioner has preferred an appeal before the second respondent on 02.11.2023. Though the second respondent has called for a report from the third respondent, till date, the petitioner has not been called for enquiry for hearing of the appeal and the same is pending. Hence, the petitioner is constrained to file the present writ petition.

4. Heard both sides.

5. Having regard to the submissions made by the learned counsel on Pg.Nos.2/5

either side, this Court, without expressing any opinion with regard to the merits of the case, directs the second respondent to dispose of the appeal dated 02.11.2023, on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and the fourth respondent herein as well as rival claimants/interested parties/objectors/aggrieved parties if any, as the case may be, within the stipulated time as prescribed in Circular No.R1/2005632/2022, dated 17.07.2023 issued by the Commissioner of Land Administration.

6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.

26.02.2024 Index: Yes/No Speaking Order : Yes/No ms Pg.Nos.3/5

To 1.The District Collector, The District Collector Office, Salem District.

2.The Revenue Divisional Officer, Sankari, Salem District.

3.The Tahsildar, Sankari Taluk, Sankari, Salem District.

Pg.Nos.4/5

P.VELMURUGAN, J.

ms 26.02.2024 Pg.Nos.5/5