M.S.Jaganathan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.S.Jaganathan .. Petitioner Vs 1 The District Collector Erode District, Erode.
2 The Revenue Divisional Officer O/o. The Revenue Divisional Office Erode.
3 The Tahsildar Modakkurichi Taluk, Erode District.
4 The Block Development Officer Modakkurichi Taluk, Erode District.
5 The CSI Church Rep by its Secretary, Poondurai Semur Poondurai Semur Post, Erode - 638 115.
6 The SDA Church Rep by its Church Priest, Karukkan Valasu Poondurai Semur, Modakkurichi Taluk Erode District.
.. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 2nd respondent to dispose of the petitioner's appeal dated 05.05.2023 on the file of the 2nd respondent within a stipulated time.
For the Petitioner : Mr.G.Pavendhan For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mr.K.M.D.Muhilan Addl. Government Pleader for respondents 1 to 4 : Mr.S.Kaithamalai Kumaran for 5th respondent : No appearance for 6th respondent
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.G.Pavendhan, learned counsel for the petitioner; Mr.P.Muthukumar, learned State Government Pleader, assisted by Mr.K.M.D.Muhilan, learned Additional Government Pleader, for respondents 1 to 4; and Mr.S.Kaithamalai Kumaran, learned counsel for the fifth respondent.
2. It is submitted by learned counsel for the petitioner and learned counsel for the fifth respondent that W.P.No.14655 of 2023 was filed with regard to the same property and, by order dated 2.6.2023, this Court directed the petitioner therein to avail the alternative remedy as may be permissible under law.
3. In the light of that, the writ petition is disposed of with liberty to the aggrieved party to avail the remedy, as may be available under law. If any appeal is already filed, the authority may decide the same in accordance with law.
The writ petition is disposed of accordingly. There will be no order as to costs. Consequently, W.M.P.No.15118 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 13.06.2023 Index :
Yes/No Yes/No sasi
To:
1 The District Collector Erode District, Erode.
2 The Revenue Divisional Officer O/o. The Revenue Divisional Office Erode.
3 The Tahsildar Modakkurichi Taluk, Erode District.
4 The Block Development Officer Modakkurichi Taluk, Erode District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 13.06.2023