S.Prakash v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.03.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Prakash ... Petitioner versus 1.The Revenue Divisional Officer, Salem Division, Salem District.

2.The Tahsildar, Salem North, Salem.

3.Indirani 4.Angamuthu 5.Jaishankar ... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the Revenue Divisional Officer, Salem, first respondent herein to pass appropriate orders on the appeal dated 21.06.2023 within a time frame fixed by this Court. Page Nos.1/5

For Petitioner :

Mr.A.R.Suresh For Respondents :

Mr.A.Selvendran Special Government Pleader for R1 and R2

O R D E R

Mr.A.Selvendran, learned Special Government Pleader accepts notice for respondents 1 and 2. Since this writ petition is being disposed of without passing any adverse orders against respondents 3 to 5, affecting their interest, notice to those respondents is dispensed with.

2. This writ petition has been filed seeking for issuance of a writ of mandamus, directing the first respondent/Revenue Divisional Officer, Salem to pass appropriate orders on the appeal dated 21.06.2023 filed by the petitioner, within a time frame as fixed by this Court.

3. The main grievance of the petitioner is that even though he has filed an appeal on 21.06.2023 before the first respondent, till date, the petitioner Page Nos.2/5

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. The learned Special Government Pleader appearing for respondents 1 and 2 fairly submitted that the petitioner's appeal would be considered and disposed of by the first respondent on merits and in accordance with law.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court, without going into the merits of the case, directs the first respondent to dispose of the appeal dated 21.06.2023, on merits and in accordance with law, after giving due opportunity of hearing to the petitioner and respondents 3 to 5 herein as well as rival claimants/interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order. Page Nos.3/5

6. With the above direction, the Writ Petition stands disposed of. However, there shall be no order as to costs. 07.03.2024 Index: Yes/No Speaking Order : Yes/No ms To 1.The Revenue Divisional Officer, Salem Division, Salem District.

2.The Tahsildar, Salem North, Salem.

Page Nos.4/5

P.VELMURUGAN, J.

ms W.P.No.5883 of 2024 07.03.2024 Page Nos.5/5