C.Kamarasu @ Rajarengamurthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.10.2018

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P.(MD)No.19938 of 2018 C.Kamarasu @ Rajarengamurthy ... Petitioner Vs.

1. The District Collector,

2. The Revenue Divisional Officer, Pudukkottai,

3. The Assistant Director of Survey District Survey Office, Pudukkottai.

4. The Tahsildar, Pudukkottai Taluk,

5. The Firka Surveyor, Varappur, Pudukkottai.

6. The Inspector of Police, Athanakottai,

7. M.Kalimuthu

...Respondents

Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent herein to dispose of the appeal filed by the petitioner dated 09.05.2018 pending in X.K.vz;.m.4/3376/2018 on merits in accordance with law within the time frame that may be fixed by this Court. For Petitioner : Mr.D.Sivaraman For Respondents : Mr.M.Jeyakumar AGP (for R1 to R6) Mr.R.Suryanarayanan (for R7)

ORDER

The prayer sought for in this writ petition is as follows:- "To issue a Writ of Mandamus directing the second respondent herein to dispose of the appeal filed by the petitioner dated 09.05.2018 pending in X.K.vz;.m.4/3376/2018 on merits in accordance with law within the time frame that may be fixed by this Court."

2.The petitioner has filed an appeal against the order passed by the fourth respondent dated 19.09.2016 transferring the patta in favour of the 7th respondent.

3.According to the petitioner, though the appeal has been filed on 09.05.2018, the same has not been disposed of as on date. 4.When the matter is taken up for hearing, the learned Additional Government Pleader appearing for the respondents 1 to 6 would submit that a direction may be issued to the second respondent to dispose of the appeal stated to have been filed by the petitioner dated 09.05.2018 within the time stipulated by this Court. 5.The learned counsel appearing for the 7th respondent would have no objection for such direction being issued in this writ petition.

6.In view of the above submissions, the writ petition is disposed of with the following directions:- "(i) the second respondent is directed to dispose of the appeal filed by the petitioner dated 09.05.2018 on merits and in accordance with law, after giving notice to all the interested parties including the 7th respondent herein.

(ii) the second respondent is directed to pass reasoned order within a period of four weeks from the date of receipt of a copy of this order. No costs." Sd/- Assistant Registrar(Records) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The District Collector,

2. The Revenue Divisional Officer, Pudukkottai,

3. The Assistant Director of Survey District Survey Office, Pudukkottai.

4. The Tahsildar, Pudukkottai Taluk,

5. The Firka Surveyor, Varappur, Pudukkottai.

6. The Inspector of Police, Athanakottai, +1 CC to Mr.D.Sivaraman,Advocate, SR.No.91203 +1 CC to Special Government Pleader SR.No.91660 skn SS/SKN/SAR 1/30.11.2018/3P/9C W.P.(MD)No.19938 of 2018 23.10.2018