Madras High CourtWP/18332/2017disposed of

C.Illangovan v. The District Collector

2017-07-19Honourable Mr Justice M.Duraiswamy2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.18332 of 2017 C.Illangovan [ Petitioner] Vs 1 The District Collector Coimbatore 2 The Revenue Divisional Officer Coimbatore - North Coimbatore.

3 The Tahsildar Mettupalayam Coimbatore District 4 R.Arumugam [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the respondents to consider and pass orders on the petitioners representation dated 29.11.2016 with regard to cancellation of patta No.1086 within a stipulated time as fixed by this Court.

For Petitioner : Mr.D.Arunkumar For Respondents : Mr.R.Rajeswaran, SGP (R1-3)

ORDER

Mr.R.Rajeswaran, learned Special Government Pleader takes notice for the respondents 1 to 3. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the respondents 1to 3 to consider and pass orders on his representation dated 29.11.2016 with regard to cancellation of patta No.1086, within a time frame.

3. The learned counsel appearing for the petitioner submitted that the petitioner has not filed any appeal before the 2nd respondent, challenging the order passed by the 3rd https://hcservices.ecourts.gov.in/hcservices/

respondent. Further, the learned counsel submitted that liberty may be given to the petitioner to challenge the order passed by the 3rd respondent before the 2nd respondent, in accordance with law.

4. Mr.R.Rajeswaran, learned Special Government Pleader appearing for the respondents 1 to 3 submitted that such liberty may be given to the petitioner and the 2nd respondent may be directed to consider the appeal to be filed by the petitioner, in accordance with law, after giving notice to all the interested parties.

5. In view of the submissions made by the learned counsel on either side, I give liberty to the petitioner to challenge the order passed by the 3rd respondent before the 2nd respondent, in accordance with law and in the event of the petitioner filing such an appeal before the 2nd respondent, the 2nd respondent shall decide the same, on merits and in accordance with law, within a period of eight weeks from the date of presentation of the appeal, after giving notice to all the interested parties.

With these observations, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar rg To 1 The District Collector Coimbatore 2 The Revenue Divisional Officer Coimbatore - North Coimbatore.

3 The Tahsildar Mettupalayam Coimbatore District + 1 cc to Mr.D. Arunkumar, Advocate Sr.50444 + 1 cc to Government Pleader Sr.51420 W.P.No.18332 of 2017 GJ(CO) Eu 4.08.17 https://hcservices.ecourts.gov.in/hcservices/