Madras High CourtWP(MD)/12473/2020disposed of

Rajamani v. The Revenue Divisional Officer/Sub Divisional

2020-09-24Honourable Mr Justice D. Krishnakumar2 pages

W.P.(MD)No.12473 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :24.09.2020

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD) No.12473 of 2020 Rajamani

...Petitioner

Vs 1.The Revenue Divisional Officer / Sub Divisional Magistrate, Dindigul District.

2.The Tahsildar / Execute Magistrate, Dindigul East, Dindigul.

3.Muthusamy

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 1st respondent to pass orders on merits on the appeal filed in appeal No. Nil of 2020 dated Nil.02.2020 filed against the order passed in Na.ka.No. 16271/2015/Aa2 dated 10.08.2018 on the file of the Dindigul East Tahsildar / Execute Magistrate, Dindigul.

For Petitioner : Mr.V.Illanchezian For R1 & R2 : Mr.P.Kannidevan Additional Government Pleader

ORDER

This writ petition is filed to direct the 1st respondent to dispose of the appeal dated 11.02.2020 filed by the petitioner. 2.The grievance of the petitioner is that challenging the order passed by the 2nd respondent in Na.ka.No.16271/2015/Aa2 dated 10.08.2018, though the petitioner has preferred an appeal dated 11.02.2020 before the 1st respondent, so far no action has been taken. Hence, the present writ petition.

3.In reply, the learned Additional Government Pleader appearing for the respondents 1 and 2, on instructions, would submit that the petitioner's appeal dated 11.02.2020, would be considered on merits and in accordance with law within a period of four months. 4.Having regard to the limited scope of the prayer made by the petitioner and considering the submissions made on either side, this Court, without expressing any opinion on the merits of the petitioner's case, is inclined to pass the following direction:- the 1st respondent is directed to consider the petitioner's appeal dated 11.02.2020 and pass appropriate orders on merits and in https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.12473 of 2020 accordance with law within a period of three months from the date of receipt of a copy of this order, after affording due opportunities of hearing to the petitioner as well as the interested parties, if any;

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

Sd/- Assistant Registrar (ADII) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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 Revenue Divisional Officer / Sub Divisional Magistrate, Dindigul District.

2.The Tahsildar / Execute Magistrate, Dindigul East, Dindigul.

+1 CC to M/s.SPL GP ( SR-18093[F] dated 25/09/2020 ) W.P.(MD) No.12473 of 2020 24.09.2020 SCR(CO) KB(05.10.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2