Ramakrishnan.K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM

THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN K.Ramakrishnan ... Petitioner -Vs1.The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram.

4.The Tahsildar, Ramanathapuram.

... Respondents PRAYER:- Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus directing the 3rd respondent to dispose of the appeal in Ref. No. Na.Ka. A6/6604/2023 within the time limit as stipulated by this Court.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.SRA. Ramachandran Addl. Govt. Pleader 1/5

ORDER

This writ petition is filed seeking for issuance of a Writ of Mandamus directing the 3rd respondent to dispose of the appeal in Ref. No. Na.Ka. A6/6604/2023 within the stipulated time.

2. Mr.SRA. Ramachandran, learned Additional Government Pleader takes notice for the respondents. By consent, this writ petition is taken up for final disposal at the admission stage itself.

3. According to the petitioner, he gave a representation to the fourth respondent for transfer of patta. However, it was refused on the ground that the subject matter survey No.385/7A was sub-divided into 3 survey numbers. Later, he came to understand that one Gowri and Asaithambi fabricated the document and made a transfer of patta in their name. Hence, he sent a representation dated 01.07.2021 to the respondents cancelling the sub-division. Since the said representation has not been considered, he has filed W.P(MD)No.3303 of 2022. This Court, vide order dated 22.02.2022 directed the respondents to consider the petitioner's representation and pass orders within a period of 12 weeks. Thereafter, the fourth respondent has 2/5

passed the order on 18.08.2023. Aggrieved over the same, the petitioner has preferred an appeal before the third respondent on 05.10.2023. However, the said appeal has not been considered till date. Hence, he has filed the present writ petition.

4. The learned counsel for the petitioner would submit that it would suffice if the appeal of the petitioner is disposed of by the respondents, on merits and in accordance with law within the time stipulated by this Court. 5.The learned Additional Government Pleader appearing for the respondents would submit that the Petitioner's appeal will be disposed of in accordance with law by the third respondent within the time stipulated by this Court.

6.In view of the above said submission, this Court, without expressing any opinion on the merits of the matter, directs the third respondent to dispose of the appeal Ref. No. Na.Ka. A6/6604/2023 preferred by the Petitioner as against the order of the fourth respondent, dated 18.08.2023 and pass appropriate orders on merits and in accordance 3/5

with law, after affording an opportunity of hearing to the parties concerned, within a period of 12 weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition stands disposed of. No costs.

31.01.2024 NCC : Yes/No Index : Yes/No Internet : Yes skn To 1.The District Collector, Ramanathapuram District.

2.The District Revenue Officer, Ramanathapuram.

3.The Revenue Divisional Officer, Ramanathapuram.

4.The Tahsildar, Ramanathapuram.

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V.BHAVANI SUBBAROYAN, J.

skn 31.01.2024 5/5