Madras High CourtWP(MD)/16563/2016disposed of

Mr.S.Mahalingam Chettiyar, v. Revenue Divisonal Officer,

2016-09-01Honourable Mr Justice M. Venugopal2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED 01.09.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL W.P(MD)No.16563 of 2016 Mr.S.Mahalingam Chettiyar ... Petitioner Vs.

1.The Revenue Divisional Officer, Periyakulam, Theni District.

2.Chinnasubban Chettiyar, 3.Nagaraj 4.Balasubramani ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to enquire and pass final order in Na.Ka.No.3376/2015/A-1, within stipulated time. For Petitioner : Mr.B.Rajesh Saravanan For 1st Respondent : Mr.S.Kumar Addl.Govt.Pleader

ORDER

Heard both sides.

2.By consent, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the First Respondent.

4. According to the Learned Counsel for the Petitioner, the Appeal filed by the Petitioner is pending for enquiry before the First Respondent / Revenue Divisional Officer, Periyakulam, Theni District, till date, without any significant progress or disposal. It appears that the parties to the Appeal had filed their response https://hcservices.ecourts.gov.in/hcservices/

/ counter. The next date of hearing is scheduled to take place, before the First Respondent, on 14.09.2016.

5. Considering the fact that the Petitioner's Appeal is pending from 2015 onwards, before the First Respondent and also this Court taking note of the fact that the next date of hearing of the Appeal is fixed on 14.09.2016, at this stage, this Court, without expressing any opinion on the merits of the pending Appeal, filed by the Petitioner, simpliciter, directs the First Respondent, to immediately take up the pending Appeal and to dispose of the same, within a period of six weeks from the date of receipt of a copy of this order, by passing a reasoned speaking order, on merits, and in accordance with Law (of course after providing necessary opportunity to the Petitioner and others concerned, especially, Respondent Nos.

2 to 4, in the present Writ Petition, by adhering to the principles of natural justice, in true letter and spirit, by issuing notice to the Petitioner and others concerned, if situation so warrants). The Petitioner is directed to lend his assistance and co-operation to the First Respondent so as to enable the latter to dispose of the Appeal, within the time, as aforestated.

6. With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The Revenue Divisional Officer, Periyakulam, Theni District.

+One cc to Mr.B.Rajesh Saravan, Advocate, SR.No.49693 +One cc to The Special Government Pleader, SR.No.50037 Mpk RL/4C/2P/AAL/MPA/9/9/2016 W.P(MD)No.16563 of 2016 https://hcservices.ecourts.gov.in/hcservices/ 01.09.2016