Madras High CourtWP(MD)/4706/2017disposed of

B.J.Basheer Ali @ Ahamed, v. The Tahsildar

2017-04-12Honourable Mr Justice V. Parthiban2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 12.04.2017

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN W.P(MD)No.4706 of 2017 B.J.Basheer Ali @ Ahamed ..Petitioner Vs 1.The Tahsildar, Manaparai Taluk, Trichy District.

2.Patharunnisha ..Respondents.

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the first respondent to implement the order of this Court made in W.P(MD)No.9146 of 2015, dated 09.06.2015. For Petitioner : M/s.S.Gokul Raj For Respondents : Mr.M.Alagathevan Special Govt.Pleader

ORDER

The learned counsel for the Petitioner has approached this Court seeking for a direction to the first respondent to implement the order of this Court made in W.P(MD)No.9146 of 2015, dated 09.06.2015.

2.MrM.Alagathevan, learned Special Government Pleader takes notice for the first respondent.

3.By consent of both parties, the main Writ Petition is taken up for disposal, at the admission stage itself. 4.The Petitioner has already for the same relief, approached this Court by way of W.P.No.9146 of 2015, in which, this Court had given a direction by its order, dated 9.6.2015, which is extracted hereunder:

''4.Considering the facts and circumstances of the case, without expressing any opinion as to the merits of the contentions raised by the Petitioner in this Writ Petition, this Writ Petition is disposed of directing the first respondent to consider the https://hcservices.ecourts.gov.in/hcservices/

representation of the Petitioner, dated 28.4.2015 on merits and in accordance with law, and pass appropriate orders after giving opportunity to the second respondent and any other interested parties, within a period of six weeks from the date of receipt of a copy of this order. No costs.''

5.According to the Petitioner, despite the direction by this Court, no follow up action has been taken by the first respondent in complying with the direction passed by this Court in the above said Writ Petition. According to the petitioner, that he had attempted to file a Contempt Petition and the same was not entertained by the Registry, in view of the limitation of one year, as the contempt petition is stated to have been filed after expiry of one year. In the above circumstances, the Petitioner has approached this Court seeking the same relief by way of a separate Writ Petition.

6.Mr.M.Alagathevan, learned Special Government Pleader, who takes notice for the respondents would submit that any direction issued by this Court, is immediately complied with, within the time stipulated by this Court.

7.In view of the above submission, the first respondent is directed to pass orders immediately not later than a period of one week from today, in pursuance of the direction passed by this Court in the earlier Writ Proceedings, which is extracted supra. 8.With the above direction, the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(Writs) /True copy/ Sub Assistant Registrar To The Tahsildar, Manaparai Taluk, Trichy District.

+1 cc to Mr.S.Gokul raj , Advocate in SR.No. 51647 +1 cc to Special Government Pleader in SR.No:52074 vsn AE/JC/SAR2/26.04.2017/2P/4C https://hcservices.ecourts.gov.in/hcservices/ W.P(MD)No.4706 of 2017 12.04.2017