Madras High CourtWP(MD)/8552/2020disposed of

N.Masilamani v. The District Collector

2020-08-03Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD)No.8552 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2020

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.8552 of 2020 N.Masilamani ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue District Officer cum Sub-Collector, Dindigul Revenue, Dindigul.

... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the second respondent to dispose of Appeal No.3269 of 2017 filed by the petitioner in proceedings of the second respondent in O.Mu.No.3269/17/Aa4, dated 21.04.2017 within the stipulated period fixed by this Court.

For Petitioner : Mr.A.G.Senthil Kumar For Respondents : Mr.R.Sethuraman, Special Government Pleader.

ORDER

The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the second respondent to dispose of Appeal No.3269 of 2017 filed by the petitioner in proceedings of the second respondent in O.Mu.No.3269/17/Aa4, dated 21.04.2017 within the stipulated time fixed by this Court.

2.Mr.R.Sethuraman, learned Special Government Pleader takes notice for the respondents.

3.By consent, the Writ Petition is taken up for final disposal at the stage of admission itself.

4.According to the petitioner, the land comprised in Survey No.231/6 to an extent of 1 acre 29 cents situated at Kaligampatti Village, Aathur Taluk, Dindigul District originally belonged to his mother and after her demise, the said property devolved to him. The petitioner applied for transfer of patta in his name before the respondents and the respondents have informed the petitioner that the concerned land was changed in the name of one Muthupatchi by mistakenly under U.D.R. Scheme. Hence, the petitioner preferred an https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD)No.8552 of 2020 appeal petition before the second respondent to issue a new patta in his name. The second respondent vide proceedings dated 21.04.2017 directed the Tahsildar to file a report along with relevant documents and the first respondent has also initiated a proceeding dated 04.05.2017 for filing report of the Tahsildar. Since no action has been taken on the side of the respondents, the petitioner has filed the present Writ Petition.

5.The learned Special Government Pleader appearing for the respondent submitted that the petitioner's appeal will be considered by the second respondent on merits and in accordance with law, within the time stipulated by this Court.

6.In view of the submissions made by the learned Special Government Pleader, the second respondent is directed to consider the petitioner's appeal dated 19.04.2017 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, after affording an opportunity of hearing to the petitioner and other interested parties.

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

Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) Ps Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The District Collector, Dindigul District,Dindigul.

2.The Revenue District Officer cum Sub-Collector,Dindigul Revenue,Dindigul.

+1 CC to M/s.GP ( SR-13638[F] dated 05/08/2020 ) W.P.(MD)No.8552 of 2020 03.08.2020 AP(12/08/2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2