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Madras High CourtWP/27313/2016disposed of

Mariappan v. The District Collector

2016-08-05Honourable Mr Justice M. Sathyanarayanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.27313/2016 1.Mariappan 2.Murugan 3.Shanmugam ..Petitioners

Versus

1.The District Collector Dharmapuri District, Dharmapuri.

2.The District Revenue Officer Dharmapuri District, Dharmapuri.

3.The Revenue Divisional Officer Dharmapuri District, Dharmapuri.

4.The Tahsildar Palacode Taluk, Dharmapuri District.

5.Settu @ Muniyappan 6.Nagammal 7.Kumar 8.Santhi ..Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for a writ of mandamus directing the 2nd respondent to consider and dispose of the petitioner's Reply dated 13.07.2016 which was filed in Appeal dated 26.05.2015 filed by the 4th respondent herein and pass appropriate orders by taking note of the pendancy of the suit on OS.No.175/2014 on the file of District Munsif Court, Palacode between the parties.

For Petitioners : Mr.A.Ilaya Perumal For R1 to R4 : Mr.P.Sanjay Gandhi, AGP

ORDER

By consent, the writ petition is taken up for final disposal.

The 5th respondent herein, on an earlier occasion, had filed WP.No.985/2016 before this Court, praying for issuance of a writ of mandamus, directing the 2nd respondent therein to dispose of the appeal dated 26.05.2015 within the https://hcservices.ecourts.gov.in/hcservices/

stipulated time frame and this Court, vide order dated 11.01.2016, had directed the Revenue Divisional Officer, Dharmapuri District at Dharmapuri, to dispose of the said appeal within a period of eight weeks from the date of receipt of a copy of that order and accordingly, the 3rd respondent herein has issued summons to the petitioners as well as to the 5th respondent calling upon them to appear before him along with the relevant documents on 05.07.2016 and accordingly, the petitioners have appeared and also submitted their representation. The grievance expressed by the petitioners is that despite the time limit stipulated by this Court, the order passed in WP.No.985/2016, the 2nd respondent has not given disposal of the appeal submitted by the 5th respondent and hence, they have come forward to file the present writ petition.

Heard the submissions of the learned counsel for the petitioner and Mr.P.Sanjay Gandhi, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 4.

Though the petitioner has prayed for a larger relief, this Court in the light of the facts and circumstances and without going into the merits of the same, directs the 2nd respondent to comply with the order dated 11.01.2016 made in WP.No.985/2016 within the time stipulated, after taking note of the appeal petition submitted by the 5th respondent as well as the reply of the petitioners dated 13.07.2016 and after putting the private respondents on notice.

The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar AP To 1.The District Collector Dharmapuri District, Dharmapuri.

2.The District Revenue Officer Dharmapuri District, Dharmapuri.

3.The Revenue Divisional Officer Dharmapuri District, Dharmapuri.

4.The Tahsildar Palacode Taluk, Dharmapuri District.

+ 1 cc to MR.A. Ilayaperumal, Advocate SR.44616 W.P.No.27313/2016 TM(CO) Eu 30.08.16 https://hcservices.ecourts.gov.in/hcservices/