R.Ramalingam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 08.06.2016
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.19165/2016 R.Ramalingam .. Petitioner
Versus
1.The District Collector, Dharmapuri District, At Dharmapuri.
2. The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.
3. The Tahsildar, Pappireddy Patti Taluk, Dharmapuri District.
4. The Executive Engineer, Public Works Department, Dharmapuri, Dharmapuri District. ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the 2nd respondent to dispose the petitioner's statutory appeal dated 27.04.2016 which is pending on the file of the 2nd respondent within a stipulated period of time and in accordance with law.
For Petitioner :
Mr.A.Rajesh Kanna For Respondents :
Mr.R.Govindasamy Special Government Pleader
ORDER
By consent, the writ petition is taken up for final disposal.
The father of the petitioner, namely, A.Ramasamy, on an earlier occasion, had filed WP.No.38146/2015, praying for issuance of a writ of mandamus directing the respondents herein to consider his representation dated 26.10.2015, with a consequential direction, directing the respondents 1 to 3 to transfer the patta in respect of the properties situated in
Survey No.320/2A, admeasuring to an extent of 2.58 acres with a well, Survey No.320/3B, admeasuring to an extent of 1.09 acres, Survey No.340/1B, admeasuring to an extent of 1.12 acres, Survey No.340/2, admeasuring to an extent of 1.80 acres, Survey No.340/3 admeasuring to an extent of 1.74 acres and Survey No.342/1 admeasuring to an extent of 0.65 acres, Mullikadu Village, Molaiyanur Taraf, Pappireddypatti Taluk, Dharmapuri District in the name of the petitioner's father and this Court, vide order dated 01.12.2015, has directed the Tahsildar, Pappireddipatty Taluk, Dharmapuri District to consider and dispose of the said representation and in compliance of the same, the Tahsildar, after conducting an enquiry, has passed an order dated 24.03.2016 in Na.Ka.No.
1420/2016/P4, stating among other things, that the lands were acquired under the Land Acquisition Central Act, 1894 and alterations have also been made and in this regard, the Government alone is competent to make alteration and rejected the said representation and the petitioner, aggrieved by the same, filed a statutory appeal before the 2nd respondent on 27.04.2016 and since no orders have been passed, the petitioner is constrained to approach this Court by filing the present writ petition.
Heard the learned counsel for the petitioner and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents.
This Court, taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the same, directs the 2nd respondent to consider and dispose of the petitioner's appeal dated 27.04.2016 after affording an opportunity of personal hearing to the petitioner and pass orders within a period of ten weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner. The writ petition is disposed of with the above direction. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP
To 1.The District Collector, Dharmapuri District, At Dharmapuri.
2. The Revenue Divisional Officer, Harur Taluk, Dharmapuri District.
3. The Tahsildar, Pappireddy Patti Taluk, Dharmapuri District.
4. The Executive Engineer, Public Works Department, Dharmapuri, Dharmapuri District.
+1cc to Mr.A. Rajeshkanna, Advocate, S.R.No.30645 +1cc to the Government Pleader, S.R.No.30903 GJ(CO) EU(21/06/2016) W.P.No.19165/2016