S.Devakumar v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM

THE HONOURABLE MR. JUSTICE K.RAVICHANDRABAABU W.P.No.11172 of 2019 and WMP.No.11566 of 2019 M.S.Deva Kumar

...Petitioner

Vs.

1.The District Collector Office of the District Collectorate Rajaji Salai, Chennai-600 001.

2.The District Revenue Officer Office of the District Collectorate Singaravelar Maligai, Chennai.

3.The Divisional Revenue Officer South Chennai Division Guindy, Chennai-32.

4.Annam 5.T.S.Kannan

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the second respondent herein to dispose of the statutory appeal of the petitioner dated 21.03.2019 pending on the file of the 2nd respondent herein within a time frame.

For Petitioner : Mr.Shanmuga Velayudham Senior Counsel for Mr.M.Kempraj For Respondents: Mr.V.Prabhu Government Advocate for R1 to R3

O R D E R

Mr.V.Prabhu, learned Government Advocate takes notice for the respondents 1 to 3. Since this writ petition is being disposed of, without affecting the interest of the respondents 4 & 5, notice to the said respondents is dispensed with.

2. The petitioner seeks for a mandamus directing the second respondent herein to dispose of the statutory appeal dated 21.03.2019 preferred by the petitioner against the order of the third respondent dated 06.03.2019, arising out of patta proceedings.

3. Heard both sides.

4. The grievance of the petitioner before this Court is that the said appeal has not been considered by the second respondent so far.

5. This Court, at this stage, is not expressing any view on the merits of the appeal filed by the petitioner, as it is for the second respondent to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the second respondent to consider the appeal dated 21.03.2019 and pass orders on the same on merits and in accordance with law, after hearing the petitioner, the respondents 4 & 5 and other interested parties, if any. Such exercise shall be done by the second respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS-IV) //True copy// Sub Assistant Registrar mk To 1.The District Collector Office of the District Collectorate Rajaji Salai, Chennai-600 001.

2.The District Revenue Officer Office of the District Collectorate Singaravelar Maligai, Chennai.

3.The Divisional Revenue Officer South Chennai Division Guindy, Chennai-32.

+1cc to Mr.M.Kempraj, Advocate SR.No.37024 +1cc to Government Pleader SR.No.37679 W.P.No.11172 of 2019 SPD(CO) GMY(30/05/2019)