D.Padmavathi v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.09.2024

CORAM

THE HONOURABLE MR. JUSTICE S. SOUNTHAR W.P No.27121 of 2024 D.Padmavathi

...Petitioner

Vs.

1. The District Collector, District Collector Office, Erode District.

2. The Revenue Divisional Office, Erode, Erode District.

3. The Tahsildar, Kodumudi, Erode District.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the second respondent to dispose the appeal petition dated 28.08.2023 before the second respondent and pending in proceedings Na.Ka.No.484/2023/A3 within time frame fixed by this Court.

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For Petitioner : Mr.R.Prabakar For Respondents : Mr.A.Selvendran Special Government Pleader

O R D E R

The petitioner herein seeks a direction to the second respondent to dispose of the appeal dated 28.08.2023 pending on his file, in proceedings Na.Ka.No.484/2023/A3 within a time frame to be fixed by this Court.

2. By consent of both the learned counsel appearing for the petitioner as well as respondents, this writ petition is disposed of at the admission stage itself.

3. According to the petitioner, he has submitted an application seeking sub division of the subject property before the third respondent and the same was rejected by the third respondent on 21.08.2023. Aggrieved by the same, the petitioner filed an appeal before the second respondent on 28.08.2023 and the said appeal is pending on his file in proceedings Na.Ka.No.484/2023/A3, without any progress. Therefore, the petitioner is before this Court. 2/4

4. Mr.Selvendran, learned Special Government Pleader, who takes notice for the respondents would submit that the appeal of the petitioner will be considered on its own merits and appropriate orders will be passed.

5. In view of the above submission made by the learned Special Government Pleader, without going into the merits of the claim made by the petitioner, this Court is inclined to issue a direction to the second respondent to consider the appeal of the petitioner dated 28.08.2023 and pass final orders, after issuing notice to the petitioner and other interested parties, within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No costs.

20.09.2024 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order av 3/4

S. SOUNTHAR, J.

av To

1. The District Collector, District Collector Office, Erode District.

2. The Revenue Divisional Office, Erode, Erode District.

3. The Tahsildar, Kodumudi, Erode District.

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