A.Vijayakumar, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.06.2022
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH W.P. Nos.31072 of 2013 and M.P. Nos.1 of 2013 A.Vijayakumar .. Petitioner Vs.
1. The District Collector, Namakkal.
2. The Revenue Divisional Officer, Namakkal.
3. The Tahsildar, Namakkal.
4. The Commissioner, Namakkal Municipality, Namakkal.
.. Respondents Writ Petition is filed under Article 226 of the Constitution of India, seeking Writ of Mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner's property situated in Survey No.174 in Kosavampatti Village, Namakkal Taluk & District. For Petitioner : Mr. S.Senthil For Respondents : Mr.T.K.Saravanan Government Advocate
O R D E R
This Writ Petition has been filed for the issuance of Writ of Mandamus forbearing the respondents from interfering with the peaceful possession and enjoyment of the petitioner in the subject property.
2. The case of the petitioner is that the subject property is in his possession and enjoyment for a long period of time and hence he was entitled to seek for a patta under the relevant
Government order. Accordingly, the petitioner made a representation to the concerned authority for issuance of patta and the same was rejected. An appeal was filed before the second respondent and the same was pending. In the meantime, the fourth respondent issued a tender notification calling for tenders for undertaking certain construction works and thereby the possession and enjoyment of the petitioner was sought to be interfered. Aggrieved by the same, the present writ petition has been filed before this Court.
3. Heard Mr. S.Senthil, learned counsel appearing for the petitioner and Mr.K.Saravanan, learned Government Advocate appearing for the respondents.
4. The learned counsel for the petitioner submitted that the appeal filed before the second respondent is pending and no final orders have been passed till now. This Court passed an interim order in the year 2013 while entertaining the Writ Petition and safeguarded the possession and enjoyment of the property awaiting the orders of the second respondent. Unfortunately, this status-quo continues and no orders have been passed in the appeal that is pending on the file of the second respondent.
5. In view of the above, there shall be a direction to the second respondent to dispose of the appeal filed by the petitioner on 30.12.2008 on its own merits and in accordance with law after affording opportunity to the petitioner and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. Till the final orders are passed by the second respondent, the present status-quo shall be maintained. The petitioner is directed to make a fresh representation to the second respondent along with all the relevant records and the earlier representation by annexing the present order.
6. This Writ Petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar bkn
To
1. The District Collector, Namakkal.
2. The Revenue Divisional Officer, Namakkal.
3. The Tahsildar, Namakkal.
4. The Commissioner, Namakkal Municipality, Namakkal.
+1cc to Mr. S.Senthil, Advocate, S.R.No.38694 +1cc to the Government Pleader, S.R.No.38956 W.P. No.31072 of 2013 AJB(CO) CT/12/07/2022