Akshya v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.07.2021

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Akshya ... Petitioner Vs.

1.The District Collector, Trichy District,Trichy.

2.The District Revenue Officer, Trichy District, Trichy.

3.The Revenue Divisional Officer, Lalgudi,Trichy District.

4.The Tahsildar, Manachanallur, Trichy District.

5.Gayathri ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, by directing the second respondent to consider and dispose of the appeal dated 22.06.2021 in accordance with law within a time stipulated by conducting physical verification.

For Petitioner : Mr.M.Pitchai Muthu For R1 to R4 : Mr.R.Suresh Kumar, Government Advocate

ORDER

This Writ Petition has been filed for the issue of a writ of Mandamus, directing the second respondent to dispose of the appeal filed by the petitioner, on 22.06.2021, within the time frame fixed by this Court.

2.The case of the petitioner is that the subject property was allotted to one Jeyalakshmi through proceedings, dated 27.07.1981. This property was purchased by the petitioner through a registered sale deed, dated 12.06.2020. The grievance of the petitioner is that the third respondent based on the application submitted by the fifth respondent had passed an order, on 04.06.2021, by segregating 414 sq. feet out of the petitioner's property, as a pathway. 1/3

3.The petitioner aggrieved by the same filed an appeal before the second respondent, on 22.06.2021. The grievance of the petitioner is that the same has not been considered and hence, the present writ petition has been filed before this Court seeking for appropriate directions.

4.Heard Mr.M.Pitchai Muthu, learned counsel for the petitioner and Mr.R.Suresh Kumar, learned Government Advocate, appearing for the respondents 1 to 4.

5.Taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the second respondent to proceed further with the enquiry in the appeal filed by the petitioner, on 22.06.2021, on its own merits and in accordance with law, after affording opportunity to the petitioner and the fifth respondent and pass final orders within a period of eight weeks from the date of receipt of a copy of this order.

6.The petitioner is directed to make a fresh representation to the second respondent along with all relevant documents and also a copy of this order.

7. writ petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Trichy District,Trichy.

2.The District Revenue Officer, Trichy District, Trichy.

2/3

3.The Revenue Divisional Officer, Lalgudi,Trichy District.

4.The Tahsildar, Manachanallur, Trichy District.

+1 CC to M/s.SPL GP ( SR-24027[F] dated 27/07/2021 ) 26.07.2021 SSS(CO) LR (03.08.2021) 3P 6C 3/3