D.Muniammal v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 13.12.2018

CORAM

THE HONOURABLE MRS. JUSTICE PUSHPA SATHYANARAYANA W.P.No.33099 of 2018 D.Muniammal .. Petitioner Vs.

1.The District Collector, District Collector, District Collector's Office, Villupuram.

2. The Revenue Divisional Officer, Jakkampettai, Tindivanam.

3. The Tahsildar, Gingee.

4. The Tahsildar, Melmalaiyanur, Gingee (Taluk) Villupuram District. .. Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent to dispose of petitioner's appeal dated 20.02.2016 within a specified date.

For Petitioner : Mr.V.Bhiman For Respondents : Mr.E.Balamurugan Special Government Pleader

O R D E R

By consent of both parties, the Writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the second respondent to dispose of her Appeal dated 20.02.2016.

3. Earlier, this Court vide order dated 01.06.2015 in W.P.No.14122 of 2015 directed the third respondent to consider and dispose of the petitioner's representation dated 03.01.2015 seeking for grant of separate patta, on merits and in accordance with law. But, the third respondent did not comply with the said order. Hence, the petitioner has filed a Contempt Petition No.2735 of 2015 before this Court and by order dated 17.02.2016, this Court directed the third respondent to grant separate patta in favour of the petitioner. Pursuant to the said order, the third respondent has passed the impugned order dated 18.01.2016 rejecting the claim of the petitioner. Aggrieved by the same, an Appeal has been preferred by the petitioner before the second respondent on 20.02.2016 and the same is kept pending. Hence, the petitioner is before this Court.

4. Heard Mr.E.Balamurugan, learned Special Government Pleader on behalf of the respondents.

5.Considering the facts and circumstances of the case and the submissions of the learned counsel on either side, this Court directs the second respondent to dispose of the appeal dated 20.02.2016 on merits and in accordance with law, after issuing notice to the petitioner and the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of six weeks from the date of receipt of a copy of this order.

6.With the above directions, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar av/rsi To 1.The District Collector, District Collector, District Collector's Office, Villupuram.

2. The Revenue Divisional Officer, Jakkampettai, Tindivanam.

3. The Tahsildar, Gingee.

4. The Tahsildar, Melmalaiyanur, Gingee (Taluk) Villupuram District.

+1 cc to Mr.V.Bhiman, Advocate Sr.No.86562 +1 cc to The Government Pleader, Sr.No.87479 W.P.No.33099 of 2018 AK(CO) CSL/04.01.2019