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Madras High CourtWP/9730/2023disposed of

Halammal v. The District Collector

2023-03-30Honourable Mr Justice M.Dhandapani4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.03.2023 CORAM :

THE HONOURABLE MR. JUSTICE M. DHANDAPANI Halammal ... Petitioner Vs.

1.The District Collector, Udhagamandalam - 643 001, The Nilgiris District.

2.The District Revenue Divisional Officer, Collectorate Campus, Udhagamandalam - 643 001, The Nilgiris District.

3.The Revenue Divisional Officer, Coonoor - 643 101, The Nilgiris District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the 2nd respondent to pass order on the appeal made by the petitioner dated 02.01.2023 as directed by the 3rd respondent in his order dated 16.12.2022. For Petitioner : Mr.P.Ganesan For Respondents : Mr.E.Veda Bagath Singh Special Government Pleader Page No.1 of 4

ORDER

This Writ Petition has been filed seeking for a Writ of Mandamus, to direct the second respondent to pass order on the appeal made by the petitioner dated 02.01.2023 as directed by the 3rd respondent in his order dated 16.12.2022.

2. The case of the petitioner is that the petitioner made an application for issuance of legal heir certificate before the Tahsildar, however, it was rejected, against which, the petitioner preferred an appeal before the third respondent and the same was also rejected by referring the Government Order in G.O.Ms.No.478 (Revenue Department) dated 29.09.2022. Against which, the petitioner made another appeal before the second respondent. Since the same was not disposed of by the second respondent, the present writ petition is filed before this Court.

3. The learned counsel for the petitioner would submit that, it would suffice, if this Court issues a direction to the second respondent to Page No.2 of 4

dispose of the appeal filed by the petitioner dated 02.01.2023 within a time frame that may be fixed by this Court.

4. The learned Special Government Pleader appearing for the respondents has no objection for said order being passed.

5. In view of the aforesaid submissions, this Court, without expressing any opinion on the merits of the case, directs the second respondent to dispose of the appeal filed by the petitioner dated 02.01.2023, within a period of six (6) weeks from the date of receipt of a copy of this order, after affording opportunity to all the necessary parties.

6. With the above directions, this Writ Petition is disposed of. No costs.

30.03.2023 Index : Yes / No Speaking order / Non-speaking order sp Page No.3 of 4

M.DHANDAPANI, J.

sp To 1.The District Collector, Udhagamandalam - 643 001, The Nilgiris District.

2.The District Revenue Divisional Officer, Collectorate Campus, Udhagamandalam - 643 001, The Nilgiris District.

3.The Revenue Divisional Officer, Coonoor - 643 101, The Nilgiris District.

30.03.2023 Page No.4 of 4