Rajaiah v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2019

CORAM:

THE HONOURABLE Mr.JUSTICE R.SURESH KUMAR Rajaiah ...

Petitioner Vs.

1.The Revenue Divisional Officer, O/o. Revenue Divisional Officer Tiruchendur, Thoothukudi District.

2.The Tahsildar, Tiruchendur Taluk, Tiruchendur.

3.The Special Tahsildar, Adidravidar Welfare, Tiruchendur Taluk.

4.Sundarapandi 5.Jayapandi 6.Ramachandran 7.Thirichanku 8.Selvi 9.Ramalakshmi 10.Chandra @ Sundaralingam ...

Respondents Prayer: The petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to dispose the appeal dated 29.04.2019 and 24.07.2019 expeditiously.

For Petitioner : Mr.V.Rajiv Rufus For Respondents : Mr.V.Anand, G.A. For R1 to R3

O R D E R

The prayer in the Writ petition is for a Writ of Mandamus, directing the first respondent to dispose of the appeal dated 29.04.2019 and 24.07.2019 expeditiously.

2.Heard Mr.V.Rajiv Rufus, learned counsel for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents 1 to 3. Since no adverse order is going to pass against the respondents 4 to 10, notice to them is dispensed with. 1/3

3.The petitioner has filed an appeal to the first respondent under G.O.Ms.No.1971 Revenue Department, dated 14.10.1988 against the private respondents herein and the said appeal dated 29.04.2019 since was not disposed of by the first respondent, the petitioner has sent a remainder on 24.07.2019. Even thereafter, it seems that the said appeal is not so far decided. Therefore, the learned counsel appearing for the petitioner submits that, if the first respondent is directed to consider the said appeal to decide the same on merits and in accordance with law, within a time frame, to be stipulated by this Court, the petitioner would be satisfied. 4.I have heard the learned Additional Government Pleader appearing for the official respondents, who would submit that the said appeal dated 29.04.2019 pending before the first respondent would be decided on merits within a time frame, after hearing both sides.

5.Having regard to the said submissions made by both sides, with consent of both sides, this Court is inclined to dispose of this Writ petition at the admission stage with the following direction:

That the first respondent is directed to decide the petitioner's appeal dated 29.04.2019 and pass orders thereon on merits and in accordance with law, within a period of 8 weeks from the date of receipt of a copy of this order, of course, after giving an opportunity of hearing to both the petitioner as well as the private respondents herein by sending them separate notices. 6.With this direction, this Writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AD II) // True Copy // Sub Assistant Registrar(CS) To 1.The Revenue Divisional Officer, O/o. Revenue Divisional Officer Tiruchendur, Thoothukudi District.

2.The Tahsildar, Tiruchendur Taluk, Tiruchendur.

2/3

3.The Special Tahsildar, Adidravidar Welfare, Tiruchendur Taluk.

+1 CC to M/s.V.RAJIV RUFUS, Advocate ( SR-81311[F] dated 13/08/2019 ) 13.08.2019 KK/SAR/22.11.2019/3P-5C/ 3/3