Sebastian, v. The Commissioner Of Land

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.06.2018

CORAM

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.13276 of 2018 Sebastian ... Petitioner Vs.

1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

3.Arulandu ... Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the second respondent to dispose the proceedings in Na.Ka.B1/23400/2017 dated 23.03.2018 within a stipulated time that may be fixed by this Court.

For Petitioner : Mr.P.Arun Jayatram For R1 & R2 : Mr.S.Nagarajan Special Government Pleader

O R D E R

The petitioner seeks for issuance of a writ of Mandamus directing the second respondent to dispose the proceedings in Na.Ka.B1/23400/2017 dated 23.03.2018 within a stipulated time that may be fixed by this Court.

2.The petitioner has challenged the cancelation of patta which was granted in his favour, before the first respondent. After hearing the petitioner, the first respondent has remanded the matter back to the second respondent for fresh consideration. Even though notice dated 23.03.2018 was issued for enquiry, there was no progress. In view of the urgency to use the pathway to run the Car during the village festival, the petitioner seeks early https://hcservices.ecourts.gov.in/hcservices/

disposal of the proceedings pending before the second respondent.

3. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents 1 and 2 and considered the materials available on record.

4. It is clear that the matter is remanded back by the first respondent to the second respondent and in view of the remand order it can be inferred that all the parties have been served and now enquiry should be conducted after affording opportunity to all the parties.

5.

In view of the facts and circumstances of the case, a direction is issued to the second respondent to complete the proceedings pending before him within a period of two months from the date of receipt of a coy of this order. The second respondent is further directed to afford an opportunity of personal hearing to all the parties before passing final orders.

6. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(T&P) /True Copy/ Sub Assistant Registrar To:

1.The Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.

2.The District Revenue Officer, Sivagangai District, Sivagangai.

+ 1 cc TO Mr.P.Arun Jayatram , Advocate in SR No. 69798 CM AE/SKN RSK/SAR1/05.07.2018/2P/4C W.P.(MD) No.13276 of 2018 22.06.2018 https://hcservices.ecourts.gov.in/hcservices/