Madras High CourtWP/32049/2017disposed of

C.Shanmugam, v. The Revenue Divisional Officer

2021-06-17Honourable Mr Justice R. Suresh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2021

CORAM

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR W.P. No. 32049 of 2017 C.Shanmugam ... Petitioner -vsThe Revenue Divisional Officer, Revenue Divisional Office, Erode.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to dispose of the appeal filed by the petitioner dated 26.05.2017 as against the order passed by the Tahsildar, Perundurai Taluk in Na.Ka.No.2102/2013/A8 dated 29.06.2015 within the stipulated time to be fixed by this Hon'ble Court.

For Petitioner : Mr.C.Munusamy For Respondent : Mr.Richardson Wilson Counsel for Government

O R D E R

The prayer sought for herein is for a Writ of Mandamus directing the respondent to dispose of the appeal filed by the petitioner dated 26.05.2017 as against the order passed by the Tahsildar, Perundurai Taluk in Na.Ka.No.2102/2013/A8 dated 29.06.2015 within the stipulated time to be fixed by this Hon'ble Court.

2. In respect of the land at Survey No.268/1,2,3 at Pachagoundenpalayam, Chinnaaveerasangili Village, Perundurai Taluk, there has been an order passed by the Tahsildar, Perundurai on 29.06.2015 making the sub division of the land concerned. Felt aggrieved over the said order passed by the Tahsildar dated 29.06.2015, the petitioner preferred appeal to the respondent, i.e., Revenue Divisional Officer, Erode on 26.05.2017. However, the said appeal according to the petitioner is still pending and has not been disposed of. Therefore, the simple prayer sought for in this Writ Petition is to give a https://hcservices.ecourts.gov.in/hcservices/

direction to the respondent to decide the appeal filed by the petitioner on merits within a time frame that may be stipulated by this Court.

3. Heard Mr.Richardson Wilson, learned counsel for the Government appearing for the respondent, who would submit that, the appeal of the petitioner dated 26.05.2017 if not disposed already and it is still pending, the same definitely would be considered and orders would be passed thereon on merits within a time frame.

4. Considering the said submissions made by the learned counsel appearing for both sides and by taking into account the aforesaid factual matrix, this Court is inclined to dispose of this Writ Petition with the following orders: "That the respondent is hereby directed to consider the appeal dated 26.05.2017 of the petitioner as against the order of sub division of the land concerned passed by the Tahsildar, Perundurai dated 29.06.2015 and dispose the same on merits and in accordance with law within a period of eight weeks from the date of receipt of a copy of this order."

5. With these directions, this Writ Petition is disposed of. However, there shall be no order as to costs. s/d- Assistant Registrar(CS-IV) True Copy Sub-Assistant Registrar vji To The Revenue Divisional Officer, Revenue Divisional Office, Erode.

+1 CC to The Government Pleader sr 28437.

W.P. No. 32049 of 2017 RSI(CO) SP(19/07/2021) https://hcservices.ecourts.gov.in/hcservices/