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Madras High CourtWP(MD)/17562/2019disposed of

M.S. Ponraj v. The Revenue Divisional Officer

2019-08-09Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.08.2019

CORAM

THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.17562 of 2019 M.S.Ponraj ... Petitioner -Vs1.The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

2.Jeyaprakash ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to dispose petitioner appeal dated 14.12.2015 pending before the first respondent in appeal No.9624/2015 within a stipulated time as fixed by this Court.

For Petitioner : Mr.K.K.Samy For Respondents : Mr.M.Rajarajan (for R1) Government Advocate

ORDER

The prayer sought for in this writ petition is to direct the first respondent to dispose the appeal of the petitioner, dated 14.12.2015 pending before him in appeal No.9624/2015, within a stipulated time to be fixed by this Court.

2.Heard Mr.K.K.Samy, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Government Advocate appearing for the first respondent. Since no adverse order is going to be passed against the second respondent, notice to him is dispensed with.

3.With the consent of both sides, this writ petition is taken up for final disposal at the admission stage itself. 4.As against the order passed by the Tahsildar, Vilathikulam by order dated 19.09.2015 in respect of the property in question, the petitioner preferred an appeal before the first respondent in appeal No.9624 of 2015 on 14.12.2015 and the said appeal is still pending with the first respondent. Therefore, the learned counsel appearing for the petitioner submits that, if the said appeal is decided on merits by the first respondent, within a time frame to be stipulated by this Court, the petitioner would be satisfied. https://hcservices.ecourts.gov.in/hcservices/

5.I have heard the learned Government Advocate appearing for the first respondent, who would submit that, the said appeal pending before the first respondent would be decided at the earliest, since the same is pending from 2015.

6.Having regard to the said facts and circumstances of the case, this Court is inclined to dispose of this writ petition with the following directions:- "that the first respondent is hereby directed to consider the appeal filed by the petitioner in appeal No.9624 of 2015, dated 14.12.2015, after completing the enquiry with the petitioner as well as the second respondent by giving notice to them and pass final order, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order."

7.With the above directions, this Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy // Sub Assistant Registrar(CS) rmk To The Revenue Divisional Officer, Kovilpatti, Thoothukudi District.

+1CC TO MR.K.K.SAMY, Advocate Sr. No.80931 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 81490 W.P.(MD)No.17562 of 2019 09.08.2019 AL(CO) TR(21.11.2019)2P 4C https://hcservices.ecourts.gov.in/hcservices/