N.Rajagopal 56 Years v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.08.2016

CORAM

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.29685 of 2016 N.Rajagopal

...Petitioner

-Vs1.The District Collector, Collectorate, 2.The Revenue Divisional Officer, Tindivanam, 3.The Tahsildar, Tindivananm

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the second respondent to consider the appeal of the petitioner dated 14.03.2016 within the time frame prescribed by this Court and issue a patta in favour of the petitioner for the land under survey No.207/1 to an extent of 0.97 acre situaed in Melpakkam, Tindivanam Taluk, Villupuram District.

For Petitioner : Mr.D.Muthukumar For Respondents: Mr.S.V.Duraisolaimalai, Additional Government Pleader.

O R D E R

By consent, this Writ Petition is taken up for final disposal.

2. The petitioner, on an earlier occasion had approached this Court by filing W.P.No.4919 of 2016 praying for issuance of Writ of Certiorarified Manadamus to quash the order dated

06.11.2015 passed by the third respondent and a consequential direction to issue patta in respect of the land bearing S.No.207/1 (Old No.166/2) admeasuring to an extent of 0.97 cents, situated at Melapakkam Village, Tindivanam Taluk, Villupuram District and this Court, vide order dated 10.02.2016, while dismissing the writ petition, has granted liberty to the petitioner to approach the second respondent in the form of appeal and accordingly, the petitioner has filed an appeal dated 14.03.2016 and despite the receipt of the appeal memorandum, orders are yet to be passed and therefore, came forward to file this Writ Petition.

3. Heard the submissions of Mr.D.Muthukumar, learned counsel appearing for the petitioner and Mr.S.V.Duraisolaimalai, learned Additional Government Pleader, who accepts notice on behalf of the respondents.

4. This Court taking into consideration the limited scope of prayer sought for by the petitioner and without going into the merits of the claim projected by the petitioner, directs the second respondent to entertain the appeal papers without putting the issue of limitation, if the papers are otherwise in order and give a disposal after putting on notice the persons concerned and pass orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the persons concerned.

This Writ Petition is disposed of accordingly. No costs. -s/dAssistant Registrar True Copy Sub-Assistant Registrar vsm To 1.The District Collector, Collectorate,

2.The Revenue Divisional Officer, Tindivanam, 3.The Tahsildar, Tindivananm +1 cc to Mr.D.Muthukumar Advocate sr 48521 +1 cc to M/s.Government Pleader vide sr 48676 W.P.No.29685 of 2016 aa20/09/2016