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Madras High CourtWP(MD)/7383/2022disposed of

John Bosco.T v. The State Rep By

2022-04-20Honourable Mr Justice Abdul Quddhose2 pages

W.P.(MD).No.7383 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.04.2022

CORAM

THE HONOURABLE MR. JUSTICE ABDUL QUDDHOSE W.P.(MD).No.7383 of 2022 T.John Bosco ... Petitioner Vs.

1.The State represented by The Secretary to Government, Revenue Department, St.George Fort, Chennai.

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

3.The Sub Collector, Palani, Dindigul District.

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to dispose of the appeal pending before him, considering the grounds raised in the additional affidavit, dated 08.03.2022, filed by the petitioner in the said appeal, within a stipulated time as this Court may decide.

For Petitioner : Mr.T.Antony Arulraj For M/s.Father Xavier Associates.

For Respondents : Mr.M.Lingadurai, Special Government Pleader.

ORDER

This Writ Petition has been filed seeking for a limited relief. The petitioner seeks for early disposal of his statutory appeal by the second respondent.

2. Aggrieved by the initiation of cancellation of patta proceedings initiated by the third respondent, the petitioner has filed a statutory appeal before the second respondent, which is still pending. The petitioner seeks for early disposal of the said statutory appeal in Na.Ka.No.22524/2017/D6.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.7383 of 2022

3. Heard Mr.T.Antony Arulraj, learned counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents.

4. No prejudice would be caused to the respondents, if the petitioner's statutory appeal is disposed of expeditiously. The petitioner has also raised additional grounds subsequent to the filing of the statutory appeal. It is also enclosed along with the Writ Petition. No prejudice would be caused to the respondents, if the said additional grounds of appeal is also taken on record by the second respondent.

5. For the foregoing reasons, this Court directs the second respondent to pass final orders on the petitioner's statutory appeal in Na.Ka.No.22524/2017/D6,after affording a fair hearing to the petitioner, within a period of four (4) months from the date of receipt of a copy of this order. The petitioner's additional grounds of appeal shall also be taken on record by the second respondent and the same shall be considered by the second respondent while passing final orders.

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

Sd/- Assistant Registrar (As) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm To 1.The Secretary to Government, The State, Revenue Department, St.George Fort,Chennai.

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

3.The Sub Collector, Palani,Dindigul District.

+1 CC to M/s.FATHER XAVIER ASSOCIATES, Advocate ( SR-19829[F] dated 20/04/2022 ) +1 CC to M/s.SPL.GP ( SR-20125[F] dated 21/04/2022 ) W.P.(MD).No.7383 of 2022 20.04.2022 MGJ(04.05.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2