Madras High CourtWP(MD)/16230/2016disposed of

M.C. Ravikumar, v. The District Collector

2016-09-09Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 09.09.2016 Coram THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Writ Petition (MD)No.16230 of 2016 M.C.Ravikumar . . .

Petitioner -Vs1.The District Collector, Madurai District, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, K.K.Nagar, Madurai.

3.Dhavamani 4.Balu 5.Muthuraj 6.Chellammal 7.Lakshmi 8.Jeyaraman 9.Ramar & Muthuramalingam 10.Veluchamy 11.Kannaiah 12.Pandi 13.Kayalvili 14.Rani 15.V.Sridevi 16.Chandran 17.Adhammal 18.Selvi 19.Karuppasamy 20.Manoranjitham 21.Parameswari 22.Selvi 23.Singam 24.Palraj 25.Seeni Perumal 26.Valaiyapathi 27.Sankareswari 28.Pandiammal . . . Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the 1st respondent to dispose of petitioner's petition filed under section 41(2)(a) of the HR & CE Act in Na.Ka. No. J2/74/2015 dated 07.01.2015 within a time stipulated this Honourable Court.

For petitioner :Mr.M.C.Swamy For Respondents :Mr.V.Muruganandham Additional Govt. Pleader for RR-1 & 2

ORDER

The petitioner has filed this writ petition seeking a direction directing the 1st respondent to dispose of his petition filed under section 41(2)(a) of the HR & CE Act in Na.Ka. No. J2/74/2015 dated 07.01.2015.

2.Since no adverse order is going to be passed against the respondents 3 to 28 and no prejudice would be caused to them, issuance of notice to them is dispensed with. 3.According to the petitioner, the appeal filed by him before the District Collector, Madurai District on 07.01.2015, is pending as on date and till date, no order has been passed. 4.Today, the learned Additional Government Pleader, on getting instructions from the Revenue Divisional Officer, Usilampatti, submitted that the District Collector, Madurai, already directed the Revenue Divisional Officer, Usilampatti, who is the competent authority under the Act to pass orders. 5.In the above circumstances, the Revenue Divisional Officer, Usilampatti is directed to conduct an enquiry, after giving opportunity to all the parties concerned and pass appropriate orders in the appeal filed by the petitioner, on 07.01.2015, within a period of three months from the date of receipt of a copy of this order.

6.With the above direction, the writ petition is disposed of. There shall be no order as to costs.

Sd/- Assistant Registrar (CS-I) /True copy/ Sub Assistant Registrar

To 1.The District Collector, Madurai District, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, K.K.Nagar, Madurai.

3.The Revenue Divisional Officer, Usilampatti +1CC to M/s.M.C.SWAMY,ADVOCATE SR.No. 51365 +1cc to Special Govt.Pleader SR.No. 51655 JA-DB-SAR.I/26.09.2016/3P:6C W.P.(md).No.16230 of 2016 09.09.2016