Madras High CourtWP(MD)/19943/2017disposed of

M.Ramarpandiyan v. The District Collector

2017-10-31Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.10.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.(MD)No.19943 of 2017 M.Ramarpandian ... Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi Taluk, Tirunelveli District ... Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, thereby directing the second respondent to expedite the proceedings which is pending before him as per the enquiry notice vide in A.4.881/2017, dated 22.02.2017 within the stipulated time as fixed by this Court. For Petitioner : Mr.M.Sankar For Respondents : Mr.J.Gunaseelan Muthian Government Advocate

ORDER

This Writ Petition has been filed seeking to direct the second respondent to expedite the proceedings in A.4.881 of 2017, dated 22.02.2017 within the stipulated time.

2.By consent, this writ petition is taken up for final disposal at the stage of admission itself.

3.The learned Counsel appearing for the petitioner would submit that the lands in Survey Nos.157/1, 2 and 3 belong to the petitioner and patta was also issued. He has been doing agricultural activities in the said lands. While so, the second respondent on 22.02.2017 issued notice in A.4.881 of 2017 based on the representation of some third parties, for which, though the petitioner filed a detailed counter along with necessary documents on 18.04.2017 itself, no order has been passed. The petitioner has sent a representation on 25.09.2017, with a request to conclude the enquiry proceedings and pass orders. Even thereafter also no order has been passed. Hence the petitioner is before this Court to direct the second respondent to pass orders within a stipulated time.

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4.The learned Government Advocate appearing for the respondents would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

5.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the second respondent to conclude the enquiry based on the petitioner's representation dated 25.09.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

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

Sd/- Assistant Registrar(CS-I) /True Copy/ Sub Assistant Registrar TO 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Revenue Divisional Officer, Tenkasi Taluk,Tirunelveli District.

+1cc to M/S.M.SANKAR, Advocate SR.No.84334 +1cc to Special Government Pleader, SR.No.85034 dsk MAS/SV-MMS/SAR2:13.11.2017:2P-5C W.P.(MD)No.19943 of 2017 31.10.2017 https://hcservices.ecourts.gov.in/hcservices/