Thiru Gobalan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ K.Gobalan : Petitioner Vs.

1.The District Collector, The Collector Office Salem 636 001 2.The District Revenue Officer, The Collector Office Salem 636 001 3.The Revenue Divisional Officer, Mettur Sub Collector Office, Mettur Taluk, Salem 636 401 4.The Tahsildar, Mettur Taluk Office Mettur 636 401 : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus directing the 3rd respondent to dispose of the appeal dated 15.05.2023 in Na.Ka.No. 6469/ 2022-A within stipulated time. 1/5

For Petitioner :

Ms.A.D.Jothi Priya For Respondents : Mr.P.Sathish, Additional Government Pleader

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

2. The present writ petition is filed praying for a writ of mandamus to direct the third respondent to dispose of the appeal dated 15.05.2023 in Na.Ka.No.6469/2022-A within stipulated time.

3. It is submitted by the learned counsel for the petitioner that petitioner filed an appeal dated 15.05.2023 before the third respondent challenging the order dated 14.02.2023 passed by the fourth respondent, rejecting issuance of patta in the name of the petitioner, in respect of the property comprised in Survey No.569/1 situated at Mallikundam Village, Mettur Tauk, Salem District. The said appeal is still pending. Aggrieved by the same, the petitioner filed the present writ petition. 2/5

4. At the outset, it is submitted by P.Sathish, learned Additional Government Pleader for respondents that the appeal dated 15.05.2023 filed by the petitioner would be considered and appropriate orders would be passed, in case the appeal is yet to be disposed of, within a time frame to be fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the limited relief that is prayed, this court is inclined to dispose of the writ petition with following directions: i) The third respondent shall consider the appeal dated 15.05.2023 of the petitioner, after issuing notice and affording a reasonable opportunity of hearing to the petitioner and all other interested parties including rival claimants, if any. ii) Though facts have been set out in affidavit, in view of the limited relief that is sought to be granted, I do not propose to examine the same, lest it may influence the authority. The authority shall independently consider the facts and law set out in the appeal and pass appropriate order in accordance with law iii) The petitioner's appeal dated 15.05.2023 shall be disposed of, in case not yet disposed, within a period of eight (8) weeks from the date of uploading of web copy without waiting for the receipt of certified copy. 3/5

iv) It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the appeal/matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.

6. Accordingly, the writ petition stands disposed of. There will be no order as to costs.

28.07.2025 Speaking (or) Non Speaking Order mrn To 1.The District Collector, The Collector Office Salem 636 001 2.The District Revenue Officer, The Collector Office Salem 636 001 3.The Revenue Divisional Officer, Mettur Sub Collector Office, Mettur Taluk, Salem 636 401 4.The Tahsildar, Mettur Taluk Office Mettur 636 401 4/5

MOHAMMED SHAFFIQ, J.

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