Madras High CourtWP(MD)/16510/2019disposed of

Mariyakumar v. The Sub Collector

2019-07-25Honourable Mr Justice R. Suresh Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.16510 of 2019 Mariyakumar ... Petitioner -Vs1.The Sub Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar, 3.The Revenue Inspector, 4.Arulmary ... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the respondent Nos.1 to 3 to expedite proceedings in O.Mu/A4/2195/18 pending on the file of the 1st respondent within stipulated time frame fixed by this Court.

For Petitioner : Mr.D.Ramesh Kumar For Respondents : Mr.C.M.Mari Chelliah Prabhu, AGP for RR1 to 3

ORDER

The prayer in this writ petition is for a Writ of Mandamus, directing the respondent Nos.1 to 3 to expedite proceedings in O.Mu/A4/2195/18 pending on the file of the 1st respondent within stipulated time frame fixed by this Court.

2.Heard Mr.D.Rameshkumar, learned counsel appearing for the petitioner and Mr.C.M.Mari Chelliah Prabhu, learned Additional Government Pleader appearing for the respondents 1 to 3. Since no adverse order is going to be passed against the 4th respondent, notice to her is dispensed with.

3.The petitioner filed an appeal before the 1st respondent in O.Mu/A4/2195/18, where, the 4th respondent herein is the respondent and the said appeal is pending from 2018 onwards as the same was filed on 03.04.2018. Therefore, the learned counsel appearing for the petitioner would submit that, if the said appeal is decided by the 1st respondent on merits and in accordance with law, within a time frame, the petitioner would be satisfied. 4.I have heard the learned Additional Government Pleader appearing for the respondents 1 to 3, who would submit that, the said appeal filed by the petitioner pending before the 1st respondent would be decided on merits and orders would be passed thereon, on merits, within a time frame.

5.Considering the limited scope of the prayer sought for in this writ petition, with the consent of both the parties, this Court is inclined to dispose of this writ petition, at the admission stage itself, with the following direction:

"The 1st respondent is hereby directed to decide the appeal filed by the petitioner dated 03.04.2018 in Appeal No.O.Mu/A4/2195/18 pending before the 1st respondent, on merits and in accordance with law, after hearing both the petitioner as well as the 4th respondent and pass final orders, thereon, within a period of eight weeks from the date of receipt of a copy of this order."

6.With this direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar To 1.The Sub Collector, Pudukkottai District, Pudukkottai.

2.The Tahsildar,

3.The Revenue Inspector, +1 CC to M/s.D.RAMESHKUMAR, Advocate ( SR-77525[F] dated 25/07/2019 ) +1 CC to M/s.SPL GP ( SR-77982[F] dated 26/07/2019 ) Order made in W.P.(MD)No.16510 of 2019 Dated:25.07.2019 Arul MS/09.09.2019/3P.6C