Ramasubbu v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :29.07.2020
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.8212 of 2020 and W.M.P.(MD) No.7623 of 2020 Ramasubbu
...Petitioner
Vs 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Sattur, Virudhunagar District.
4.The Tahsildar, Vembakottai Taluk, Virudhunagar District.
5.The Village Administrative Officer, Thulukkankurichi Village, Guganparai Village, Vembakottai Taluk, Virudhunagar District.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to dispose of the appeal filed by the petitioner on 25.06.2020 as against the order of the 3rd respondent in Moo.Mu. A3/1167/2019 dated 20.03.2020 within the time stipulated by this Court and till then restrain the respondents from assigning the lands situated in Grama Natham Survey No. 139/1 co-relating to New Survey Nos. 455/11, 455/97 and 455/98 situated at Thulukkankurichi Village, Vembakottai Tk, Virudhunagar District in favour of third persons. For Petitioner : Mr.M.Kannan For Respondents : Mr.M.Pandiarajan Additional Government Pleader 1/3
ORDER
This writ petition is filed to direct the 2nd respondent to dispose of the appeal dated 25.06.2020 and to restrain the respondents from assigning the lands in Grama Natham S.No. 139/1 (New Survey Nos. 455/11, 455/97 and 455/98) situated at Thulukkankurichi Village, Vembakottai Tk, Virudhunagar District. 2.Mr.M.Pandiarajan, learned Additional Government Pleader takes notice on behalf of the respondents. By consent of both parties, this Writ Petition is taken up for final disposal at the state of admission itself.
3.The learned counsel appearing for the petitioner would submit that it is suffice, if a direction is issued to the 2nd respondent to dispose of the appeal dated 25.06.2020.
4.The learned Additional Government Pleader appearing for the respondents would submit that the petitioner's appeal dated 25.06.2020 would be considered on merits and in accordance with law, within a time frame to be fixed by this Court. 5.In agreement with the submission made by the learned Additional Government Pleader, without expressing any opinion on the merits of the case, this Court is inclined to pass the following direction:- The 2nd respondent is directed to consider the petitioner's appeal dated 25.06.2020 and pass appropriate orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order. Liberty is granted to the petitioner to file an appropriate stay application before the appellate authority in the manner known to law. 6.With the above direction and such liberty, this Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) mm 2/3
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To 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The District Revenue Officer, Virudhunagar District, Virudhunagar.
3.The Revenue Divisional Officer, Sattur, Virudhunagar District.
4.The Tahsildar, Vembakottai Taluk, Virudhunagar District.
5.The Village Administrative Officer, Thulukkankurichi Village, Guganparai Village, Vembakottai Taluk, Virudhunagar District.
+1 CC to Mr.M. KANNAN, Advocate ( SR-13354[F] dated 30/07/2020 ) W.P.(MD) No.8212 of 2020 29.07.2020 VB (06.08.2020) 3P 7C 3/3