Govindarasu.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN S.Govindarasu ... Petitioner Vs.

1.The District Collector Pudukottai District, Pudukottai.

2.The Sub Collector Pudukottai Division, Pudukottai District.

3.The Thasildar Pudukottai Taluk, Pudukottai District.

... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the second respondent to consider the petitioner's appeal No.2558 of 2011 and dispose of the same on merits.

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For Petitioner : Mr.M.Karthikeyavenkitachalapathy For Respondents : Mr.D.S.Nedunchezhian, Government Advocate

O R D E R

The writ petition has been filed in the nature of a Mandamus seeking a direction against the second respondent / Sub Collector, Pudukottai District, to consider the appeal No.2558 of 2011 and dispose the same within a reasonable time on merits.

2. The mother of the petitioner, Mrs.Pachai Ammal had purchased the property in Survey No.397/1B measuring 0.17.0 ares of land in the year 1988 through a registered sale deed. A house was also constructed in the property. The said building was assessed to property tax and the electricity service connection was also granted. The mother of the petitioner died in the year 2011 and the petitioner inherited the same. It had been stated that the land in Survey No.397/1A was used as an ingress and egress to reach the house. However, that particular land in 2/6

survey No.397/1A had been purchased by two other individuals namely, Subramanian and Karuppiah and they blocked the ingress and egress of the property. The petitioner had given an application to the second respondent/Sub Collector, on 27.04.2011, to cancel the sub division of the lands. It is stated that the petition is still pending for the past nearly 12 years.

3. It is also stated that notice had been issued to all concerned and they had also entered appearance. It is also stated that the second respondent had also physically inspected the property. It is only imperative, that any quasi judicial authority passes an order at the earliest and does not permit the matters to stagnate in his office.

4. A direction is given to the second respondent / Sub Collector, Pudukottai District, to dispose of the aforementioned appeal No.2558/2011 preferred by the petitioner herein on or before 31.07.2023. The principles of natural justice may be adhered to and disposed on merits and in accordance with law.

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5. With the above direction, the writ petition stands disposed of. No costs.

28.03.2023 Index :Yes/No Internet :Yes/No NCC : Yes / No rm 4/6

To 1.The District Collector Pudukottai District, Pudukottai.

2.The Sub Collector Pudukottai Division, Pudukottai District.

3.The Thasildar Pudukottai Taluk, Pudukottai District.

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C.V.KARTHIKEYAN, J.

rm 28.03.2023 6/6