Gopal R v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE R.Gopal ... Petitioner /Vs./ 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

4.R.Chandrasekhar ... Respondents P RAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 2nd respondent herein to dispose of the petitioner's appeal dated 15.12.2021 seeking to cancel the Patta issued in favour of the 4th respondent respect of his share in the landed property of an extent of 0.10.38 Ares comprised in Survey No.262/4A situated at Pallapatti Village, Dindigul West Tauk, Dindigul District, after affording necessary opportunity to the 4th respondent within the time stipulated by this Court.

For Petitioner : Mr.J.Lawrance For R1 to R3 : Mr.T.Amjad Khan Government Advocate

ORDER

This writ petition has been filed for a Mandamus seeking for a direction for early disposal of the petitioner's statutory appeal dated 15.12.2021 within a timeframe to be fixed by this Court. 1/3

2.According to the petitioner, aggrieved by the cancellation of patta, which was earlier standing in the name of the petitioner for the property measuring an extent of 0.10.38 Ares comprised in Survey No.262/4A situated at Pallapatti Village, Dindigul West Taluk, Dindigul District, the petitioner has preferred a statutory appeal dated 15.12.2021 before the second respondent. Since the said statutory appeal has not been disposed of till date, the petitioner has sought for earlier disposal of the same in this writ petition. 3.Heard Mr.J.Lawrance, learned counsel appearing for the petitioner and Mr.T.Amjad Khan, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3. 4.The learned Government Advocate appearing for the respondents 1 to 3 would submit that the statutory appeal was taken on file on 15.12.2021. The said statement is recorded.

5.No prejudice would be caused to the respondents, if the petitioner's statutory appeal dated 15.12.2021 referred to supra is disposed expeditiously, after affording a fair hearing to the petitioner and the fourth respondent.

6.Accordingly, this Court directs the second respondent to pass final orders on the petitioner's statutory appeal dated 15.12.2021 within a period of four (4) months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the fourth respondent.

7.With the aforesaid direction, this Writ Petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (AE) // True Copy // / /2022 Sub Assistant Registrar(CS) sm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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To 1.The District Collector, Dindigul District.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Tahsildar, Dindigul West Taluk, Dindigul District.

+1 CC to M/s.J.LAWRANCE, Advocate ( SR-8501[F] dated 24/02/2022 ) +1 CC to M/s.SPL GP ( SR-8333[F] dated 24/02/2022 ) order made in 23.02.2022 PKP/08.03.2022/3P/6C 3/3