Madras High CourtWP/36198/2023disposed of

R.Raghavan v. The District Collector

2024-01-02Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.01.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN R.Raghavan ... Petitioner Vs.

1. The District Collector, Ranipet District, Collectorate, Kellys Road, Navalpur, Ranipet - 632 401.

2. The Sub Collector, Ranipet Revenue Division, Krishnagiri Trunk Road, Near Head Post Office, Ranipet- 632 401.

3. The Tasildhar, Sholinghur Taluk, Post Office Street, Sholinghur, Ranipettai District - 631 102. ... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus to direct the respondents to consider the petitioner appeal reminder petition dated 21.06.2023 within a stipulated time fixed by this Court, consequently to direct the second respondent to issue separate patta in the name of the petitioner after effected sub division in Joint Patta No.3102 in S.No.5/3D measuring about to an extent 33 cents situated at, Chengalnatham Madura Ramapuram Village, Sholinghur Taluk, Ranipettai District. For Petitioner : Mr.R.Anandha Babu For Respondents : Mr.R.Vigneshwaran Government Advocate

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus to direct the respondents to consider the petitioner appeal reminder petition dated 21.06.2023 and to direct the second respondent to issue separate patta in the name of the petitioner after effected sub division in Joint Patta No.3102 in S.No.5/3D measuring an extent 33 cents situated at, Chengalnatham Madura Ramapuram Village, Sholinghur Taluk, Ranipettai District.

2. Heard the learned counsel appearing for the petitioner and the

learned Government Advocate appearing for the respondents.

3. It is the contention of the learned counsel for the petitioner that he filed an appeal before the second respondent challenging the order of the third respondent. Though the first respondent has given direction to the second respondent to dispose the petitioner appeal, the same is pending before the second respondent till now. Hence the petitioner is constrained to file the present writ petition.

4. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the second respondent to dispose the petitioner's appeal dated 21.06.2023 on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner and rival claimants/interested parties/objectors if any, as the case may be within a period as stipulated in the Circular No. R1/2005632/2022 dated 17.07.2023 issued by the Commissioner of Land Administration.

5. With the abovesaid direction, the Writ Petition is disposed of.

There shall be no order as to costs.

02.01.2024 mfa Index:Yes/No Speaking Order: Yes/No To

1. The District Collector, Ranipet District, Collectorate, Kellys Road, Navalpur, Ranipet - 632 401.

2. The Sub Collector, Ranipet Revenue Division, Krishnagiri Trunk Road, Near Head Post Office, Ranipet- 632 401.

3. The Tasildhar, Sholinghur Taluk, Post Office Street, Sholinghur, Ranipettai District - 631 102.

P.VELMURUGAN, J.

mfa 02.01.2024