Madras High CourtWP(MD)/21438/2015disposed of

C. Gunaseelan v. The Revenue Divisional Officer

2015-12-02Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.12.2015 CORAM :

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P(MD)No.21438 of 2015 C.Gunaseelan ... Petitioner Vs.

1.The Revenue Divisional officer, Court Campus,Pudukottai, Pudukottai District.

2.Tmt.Packiam ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to dispose of the appeal in Na.Ka.A1/9547/2011 dated 18.07.2012 within the time stipulated by this Court and to pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.

For Petitioner : Mr.A.R.Kannappan For R1 : Mr.S.Kumar Additional Government Pleader

O R D E R

Mr.S.Kumar, learned Additional Government Pleader takes notice for the first respondent. Since the interest of the second respondent is not affected any way by passing this order and that her interest is protected in this order, notice to the second respondent is dispensed with.

2.Aggrieved against non-disposal of the appeal presented by the petitioner before the first respondent challenging the patta issued in favour of the second respondent,the present writ petition is filed seeking for a mandamus directing the first respondent to dispose of the appeal filed on 26.12.2011. 3.It is seen that after filing of such appeal, the first respondent issued notice for enquiry on 18.07.2012. It is stated that in pursuant to the said notice though the petitioner appeared for enquiry, the first respondent has not proceeded further and passed any final order.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the above stated facts and circumstances and without expressing any view on the claim made by the petitioner in

respect of his appeal before the first respondent, I only direct the first respondent to consider the appeal filed by the petitioner and pass final orders on merits and in accordance with law after giving due opportunity of hearing to the second respondent as well. Such exercise shall be done by the first respondent within a period of 8 weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(Writ) /True copy/ Sub Assistant Registrar To The Revenue Divisional officer, Court Campus, Pudukottai, Pudukottai District.

+one cc to Mr.A.R.Kannappan, Advocate in SR.No.68743 +one cc to The Special Government Pleader in SR.No. 69088 CM CSL/GSV-AN/10.12.2015 2P/4C W.P(MD)No.21438 of 2015 https://hcservices.ecourts.gov.in/hcservices/