Madras High CourtWP(MD)/17227/2015disposed of

K.Alagarsamy, v. The District Collector

2015-09-23Honourable Mr Justice R.Subbiah2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.09.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH W.P(MD).No.17227 of 2015 K.Alagarsamy ...Petitioner Vs.

1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District. ...Respondents This Writ Petition has been filed under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the second respondent to dispose of the appeal No.6886 of 2013 within a stipulated period fixed by this Court.

For petitioner : Mr.K.Gokul For Respondents : Mr.M.Murugan, Government Advocate

ORDER

The Writ Petition has been filed praying for a Writ of Mandamus directing the second respondent to dispose of the appeal No.6886 of 2013 within a stipulated time.

2. Mr.M.Murugan, learned Government Advocate takes notice for the respondents.

3. By consent, the Writ Petition itself is taken up for final disposal.

4. In the affidavit it has been averred that the father of the petitioner had purchased a property measuring to an extent of 903 sq. ft in Melapatti village of Sivalarpatti Majra on 21.08.1937 and the same was registered before the Sub-Registrar Office, Pudur in document No.1229 of 1937. Thereafter, in the mutual partition that took place between the family members in the year 1984, the entire movable and immovable properties were given to the petitioner. While the matter stood thus, the newly appointed Village Administrative Officer had made wrong entries in the revenue records with regard to above said property and issued patta in favour of some third party. Hence, the petitioner filed an appeal before the second respondent in Appeal No.6886 of 2013.

Since the same was pending from the year 2013, the petitioner sent a representation on 07.07.2015 to the second respondent to dispose of the appeal filed by him. Even thereafter, the second respondent did not take any steps to dispose of the appeal and hence, the petitioner has come forward with the present Writ Petition for the above stated relief. https://hcservices.ecourts.gov.

5. Considering the submissions made by the learned counsel for the petitioner, without going into the merits of the averments made in the Writ Petition, this Court directs the second respondent to dispose of the appeal filed by the petitioner in appeal No.6886 of 2013 on merits and in accordance with law, by affording an opportunity of hearing to all the necessary parties, within a period of twelve weeks from the date of receipt of a copy of this order.

With the above direction, the Writ Petition is disposed of. No Costs.

Sd/- The Assistant Registrar(Per.Admn) /True copy/ Sub-Assistant Registrar To 1.The District Collector, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.

+1cc to Mr.K.Gokul, Advocate Sr.No.56640 +1cc to special Government Pleader SR.No.56145 JAM:AMF:09-.10.2015:2P/5c W.P(MD).No.17227 of 2015 23.09.2015 https://hcservices.ecourts.gov.in/hcservices/