P.Deivasigamani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :21.03.2022 CORAM :

THE HONOURABLE MR.JUSTICE M. DHANDAPANI W.P. No.6175 of 2022 P.Deivasigamani

...Petitioner

Vs.

1. The District Collector, Erode District Collectorate,

2. The Tahsildar, Erode Taluk,

3. The Executive Officer, Chithode Town Panchayat, Chithode, Erode District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 1st respondent to dispose of the petitioner's review dated 26.12.2018, by giving a personal hearing to petitioner, and in a time frame the manner on merits. For Petitioner: Mr.A.Sundaravadhanan For R1 and R2 : Mr.V.Veluchamy Additional Government Pleader For R3 : Mr.Azizulla Khan

O R D E R

This Writ Petition has been filed seeking for issuance of a Writ of Mandamus to direct the 1st respondent to dispose of the petitioner's review dated 26.12.2018, by giving a personal hearing to petitioner, within a time frame that may be fixed by this Court.

2.The learned Additional Government Pleader appearing for

respondents take notice for the official respondents. In view of the limited relief sought for in this petition and on the consent of 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 property in R.S.Nos.55/3B2B, Chithode Village, Erode Taluk, Erode District. The adjacent land in R.S.No.55/1 was belonging to one Ramasamy Chettiyar. He executed a Gift Settlement Deed in favour of the 3rd respondent/panchayath, for the purpose of common usage. In view of the above the petitioner filed a review application before the 1st respondent on 26.12.2018. However, till date no orders have been passed. Hence, this writ petition is filed with the above said prayer. 4.The learned counsel for the petitioner submitted that it would suffice if this Court issues direction to the respondents to consider the petitioner's application dated 26.12.2018, and pass orders within a period that may be fixed by this Court. 5.The learned Additional Government Pleader appearing on behalf of the official respondents submitted that the petitioner's application dated 26.12.2018, will be considered by the 1st respondent, within a particular time that may be fixed by this Court.

6.This Court without going into the merits of the case, directed the 1st respondent to consider the petitioner's application dated 26.12.2018, and pass orders on merits and in accordance with law, after affording an opportunity of hearing to the aggrieved parties, if any, within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar Psa To

1. The District Collector, Erode District Collectorate,

2. The Tahsildar, Erode Taluk,

3. The Executive Officer, Chithode Town Panchayat, Chithode, Erode District.

+1cc to M/s.A.Sundaravadhanan, Advocate, S.R.No.18934 +1cc to Special Government Pleader, S.R.No.19512 W.P. No.6175 of 2022 SKM(CO) RGA(05/04/2022)