B.Vijayakrishnan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2016

CORAM:

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.21913 of 2013 B.Vijayakrishnan ... Petitioner Vs

1. The District Collector, Villupuram District, Collectrate Buildings, Villupuram.

2. The Sub-Collector, Thirukoilur Revenue Division, Thirukoilur.

3. The Tahsildar, Ulundurpet Taluk,

4. The Head Quarters Deputy Tahsildar, Ulundurpet Taluk Office,

5. Senkathir Village Administrative Officer, (VAO), Thirunavalur Village, Ulundurpet Taluk.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying to issue a writ of Mandamus to direct the second respondent to dispose the enquiry in File No.6080 of 2012 dated 10.09.2012 on the file of the second respondent expeditiously within a time frame as this Court deems fit pending disposal of the Civil Revision.

For Petitioner : Mr.G.Devadoss For Respondents : Mrs.E.Rani Selvam, Additional Government Pleader for R1 to R4 R5 - No appearance

O R D E R

The petitioner had filed an appeal before the second respondent for cancellation of the patta No.833 comprised in Survey No.109/4B2, Thirukovilur Village, Ulundurpet Tluk. Since the Sub Collector, Thirukovilur had not disposed of the appeal petition pending with him from the year 2012, the present Writ Petition has been filed.

2. The learned Additional Government Pleader would submit that there are some third parties who claim title over the subject land and if any direction is given to dispose of the enquiry pending before the second respondent, the interest of the third parties will be affected.

3. In view of the limited prayer sought for in the writ petition, without going into the merits of the claim of the petitioner, there shall be a direction to the second respondent to consider the appeal petition filed by the petitioner in file No.6080 of 2012, dated 10.09.2012, after conducting the enquiry, dispose of the same within a period of two months from the date of receipt of the copy of the Order. The second respondent, while disposing the said appeal petition, shall also give opportunity to all the interested persons in the subject land.

4. With the above directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar vrc To

1. The District Collector, Villupuram District, Collectrate Buildings, Villupuram.

2. The Sub-Collector, Thirukoilur Revenue Division, Thirukoilur.

3. The Tahsildar, Ulundurpet Taluk,

4. The Head Quarters Deputy Tahsildar, Ulundurpet Taluk Office,

5. The Village Administrative Officer, (VAO), Senkathir, Thirunavalur Village, Ulundurpet Taluk.

+1cc to Mr.P.Kavitha Balakrishnan, Advocate, S.R.No.67596 +1cc to the Government Pleader, S.R.No.67923 W.P.No.21913 of 2013 MP(CO) CA(16/12/2016)