P.Ramalingam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.12230 of 2018 and W.M.P.(MD)No.11131 of 2018 P.Ramalingam ... Petitioner -Vs1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Superintendent of Police, Tirunelveli District, Tirunelveli.

3. The Revenue Divisional Officer / Sub-Collector, Cheranmahadevi, Tirunelveli District.

4. The Inspector of Police, Panakudi Police Station, Panakudi, Tirunelveli District.

5. The Sub Inspector of Police, Pazahavoor Police Station, Pazahavoor, Tirunelveli District.

6.Allwin Raja Stephen 7.Lajapathi Balaji 8.Jabaraj 9.Yesther Jin ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the third respondent to dispose the appeal in Na.Ka.A3/4788/18 for Patta transfer appeal pending on the file of the third respondent within the time stipulated by this Court.

For Petitioner : Mr.R.Nandakumar For R1 to R5 : Mr.N.Shanmuga Selvam, Additional Government Pleader.

ORDER

Heard Mr.R.Nandakumar, learned counsel appearing for the petitioner and Mr.N.Shanmuga Selvam, learned Additional Government Pleader, who takes notice on behalf of the respondents 1 to 5. Since no adverse order is going to be passed against the respondents 6 to 9, notice to the respondents 6 to 9 is dispensed with.

2.By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. 3.It is alleged by the petitioner herein that when his appeal is pending before the third respondent herein, the respondents 6 to 9 are attempting to put up a construction in the disputed properties. Hence, he sought for a direction to the third respondent to dispose of the appeal in Na.Ka.A3/4788/18. 4.It is seen that the third respondent had already issued summons to the parties in the appeal on 04.05.2018. Therefore, it would not be appropriate to fix a time limit for disposal of the same. Nevetheless, in view of the urgencies addressed by the petitioner herein, the third respondent shall endeavour to dispose of the appeal in Na.Ka.A3/4788/18 as expeditiously as possible. 5.With the above direction, this writ petition stands allowed. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Tirunelveli District, Tirunelveli.

2. The Superintendent of Police, Tirunelveli District, Tirunelveli.

3. The Revenue Divisional Officer / Sub-Collector, Cheranmahadevi, Tirunelveli District.

4. The Inspector of Police, Panakudi Police Station, Panakudi, Tirunelveli District.

5.T he Sub Inspector of Police, Pazahavoor Police Station, Pazahavoor, Tirunelveli District.

+ 1 cc TO Mr.R.Nandakumar , Advocate in SR No. 67643 Myr AE/SV MMS/SAR1/28.06.2018/3P/7C W.P.(MD)No.12230 of 2018 08.06.2018