R.Sivappa@R.Sivaraj v. The Revenue Divisional Officer Cum Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH R.Sivappa @ R.Sivaraj S/o.Late Ramappa ... Petitioner Vs.

1.The Revenue Divisional Officer cum Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

2.The Tahsildar, Denkanikottai Taluk Office, Denkanikottai, Krishnagiri District.

3.Devaraj S/o.Sonappa 4.Madesh S/o.Sonappa 5.Birappa S/o.Sonappa 6.Pachappa S/o.Sonappa ... Respondents Writ Petition filed under Article 226 of the Constitution of 1/4

India seeking issuance of a Writ of Mandamus directing the first respondent to dispose of the petitioner's appeal dated 13.01.2025 pending on the file of the first respondent within a stipulated time frame. For Petitioner : Mr.R.Jayaprakash For Respondents : Mr.A.Selvendran Special Government Pleader [R1 & R2] *****

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to deal with the appeal filed by the petitioner on 13.01.2025 wherein the petitioner has sought for removal of encroachments made in the public pathway, which is the access to the property belonging to the petitioner.

2. Heard Mr.R.Jayaprakash, learned counsel for petitioner and Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 and 2.

3. The petitioner had earlier made a representation to the second respondent to remove the obstructions made in the public pathway and the same was rejected by the second respondent through proceedings dated 24.12.2024. Aggrieved by the same, an appeal was preferred before 2/4

the first respondent and the first respondent did not conduct any enquriy. Aggrieved by the same, the present writ petition has been filed before this Court.

4. Taking into consideration the facts and circumstances of the case and considering the limited relief sought for in this writ petition, there shall be a direction to the first respondent to deal with the appeal filed by the petitioner on 13.01.2025 after affording opportunity to respondents 3 to 6 and pass appropriate orders on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs.

06.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm N.ANAND VENKATESH, J gm 3/4

To 1.The Revenue Divisional Officer cum Sub Collector, Sub Collector Office, Hosur, Krishnagiri District.

2.The Tahsildar, Denkanikottai Taluk Office, Denkanikottai, Krishnagiri District.

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