A.Shanmugam v. The Appellate Authority /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.06.2017

CORAM

THE HON'BLE MR.JUSTICE M.DURAISWAMY W.P.No.15783 of 2017 and W.M.P.No.17071 of 2017 A.Shanmugam ... Petitioner -Vs1. The Appellate Authority/Special Deputy Collector, Revenue Court, Thiruchirapalli.

2. Tenancy Record Officer and Tahsildar, Coimbatore North, Coimbatore-641 018.

3. S.R.Manickam

4. S.K.Senthilvel

5. Kamalathal

6. Marudhappan @ Prakash

7. Saraswathi

8. Sakunthala

9. Nalini 10.S.K.Anandamoorthi 11.R.Srinivasan ... Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the 1st respondent herein to dispose M.P.No.47 of 2017 in A.P.No.4 of 2017 pending on the file of the 1st respondent herein within a stipulated time.

For Petitioner : Mr.A.Muthukumar For Respondents : Mr.S.V.Doraisolaimalai Additional Government Pleader for RR 1 and 2

O R D E R

The petitioner has filed the above writ petition to issue a writ of mandamus directing the first respondent to dispose of M.P.No.47 of 2017 in A.P.No.4 of 2017 pending on the file of the first respondent within a time frame.

2.Mr.A.Muthukumar, learned counsel appearing for the petitioner, submitted that in the appeal pending before the first respondent, the petitioner has filed a stay petition in M.P.No.47 of 2017. However, the first respondent has not passed any order in the stay petition so far. Further, the learned counsel submitted that the first respondent is sitting at Madurai once in a month and therefore, the petitioner is put to hardship. That apart, the learned counsel also submitted that the first respondent is sitting at Coimbatore on 23.06.2017 (tomorrow).

3.Mr.S.V.Doraisolaimalai, learned Additional Government pleader, taking notice for respondents 1 and 2, submitted that the first respondent may be directed to dispose of the stay petition in accordance with law within a time frame, after hearing respondents 3 to 11.

4.In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the first respondent to take up the stay petition in M.P.No.47 of 2017 filed in A.P.No.4 of 2017 and pass orders, after hearing respondents 3 to 11, in accordance with law within a period of six (6) weeks from the date of receipt of a copy of this order.

5.With this observation, the writ petition is disposed of. No costs. Consequently, W.M.P.No.17071 of 2017 is closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar sra To

1. The Appellate Authority/Special Deputy Collector, Revenue Court, Thiruchirapalli.

2. The Tenancy Record Officer and Tahsildar, Coimbatore North, Coimbatore-641 018.

+1cc to Mr.A.Muthukumar, Advocate, S.R.No.43842 W.P.No.15783 of 2017 CS IV CA(22/06/2017)