G.Gopalakrishnan, S/O.Gandhi v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2019

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD).No.6860 of 2019 and W.M.P.(MD).No.5467 of 2019 G.Gopalakrishnan .. Petitioner /Vs./ 1.The District Collector, Madurai District, 2.The Commissioner, Madurai City Municipal Corporation, 3.The Tahsildar, Madurai North Taluk, 4.The Assistant Commissioner, Region - II, Madurai City Municipal Corporation, Madurai - 7.

5.The Assistant Director, District Land Survey Office, Collectorate Complex, .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of writ of mandamus directing 1st respondent to dispose of the petitioner's statutory appeal, dated 25.02.2019 within a time frame as fixed by this Court.

For Petitioner : Mr.C.Arul Vadivel @ Sekar For Respondents : Mr.Aayiram K.Selvakumar Additional Government Pleader for R1,R3 & R5 Mr.R.Murali for R2 & R4

O R D E R

(Order of this court was made by K.KALYANASUNDARAM, J.) Heard Mr.C.Arul Vadivel @ Sekar, learned counsel for the petitioner and Mr.Aayiram K.Selvakumar, learned Additional Government Pleader for respondents 1, 3 & 5.

2.By their consent this writ petition is taken up for final hearing.

3.This petition is filed by the petitioner for issuance of writ of mandamus directing the first respondent to dispose of the petitioner's appeal, dated 25.02.2019, in a time frame. 4.The learned counsel for the petitioner would submit that aggrieved over the order of the third respondent issued under Section 6(1) of the Tamilnadu Land Encroachment Act, the petitioner preferred an appeal before the first respondent on 25.02.2019, however, so far the appeal is not disposed of. 5.The learned Additional Government Pleader on instructions from the office of the first respondent would submit that the appeal is pending in reference No. D.O.18358/2014/J3 and the first respondent is ready to dispose of the same.

6.Considering the grievance of the petitioner and the submissions made by the learned counsel on either side, without going into merits of the matter, this Court directs the first respondent to dispose of the appeal of the petitioner, dated 25.02.2019, on merits and in accordance with law, after affording opportunities to both parties, within a period of three months from the date of receipt of a copy of this order. Till such time, the respondents shall maintain the status quo as on date. 7.With the above direction this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) TM To 1.The District Collector, Madurai District,

2.The Commissioner, Madurai City Municipal Corporation, 3.The Tahsildar, Madurai North Taluk, 4.The Assistant Commissioner, Region - II, Madurai City Municipal Corporation, Madurai - 7.

5.The Assistant Director, District Land Survey Office, Collectorate Complex, +1CC TO MR.C.ARUL VADIVEL @ SEKAR, Advocate Sr. No.57053 +1CC TO MR.R.MURALI, Advocate Sr. No. 57331 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 57397 W.P.(MD).No.6860 of 2019 27.03.2019 TR (02.04.2019) 3P 9C