V.Ramaiah, S/O.Velusamy v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.07.2016

CORAM

THE HONOURABLE MR.JUSTICE M.VENUGOPAL Writ Petition (MD). No.3993 of 2016 V.Ramaiah ... Petitioner Vs.

1.The District Revenue Officer, Pudukkottai, Pudukkottai District.

2.Mutharasu 3.Indirani 4.Dhanapal ... Respondents Prayer:-Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus directing the 1st respondent to implead the petitioner as a party in the pending proceedings before him in Na.Ka.No.11138/2012/D3 dated 28.4.2015 and pass orders on merits after affording opportunity to the petitioner.

For Petitioner :Mr.V.Singan For Respondent-1 :Mr.J.Gunaseelan Muthiah Government Advocate

O R D E R

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/District Revenue Officer, Pudukkottai.

4. However, in respect of Respondent Nos.2 to 4, to avoid an avoidable delay, issuance of notice to them is dispensed with by this Court.

5. At the outset, it is to be pointed out that the petitioner had filed a petition in Na.Ka.No.11138/2012/D3 before the First Respondent/District Revenue Officer, Pudukkottai, seeking to implead himself in the pending appeal. https://hcservices.ecourts.gov.in/hcservices/

6. At this stage, Mr.J.Gunaseelan Muthiah, Learned Government Advocate informs this Court that the petitioner's impleading petition pending before the first respondent is taken on file and the same is recorded by this Court.

7. In view of the fact that the petitioner's impleading petition is taken on file by the First Respondent/District Revenue Officer, Pudukkottai (as informed by the Learned Government Advocate appearing for the First Respondent), this Court closes the writ petition as nothing survives for adjudication. No costs.

8. Before parting with the case, in furtherance of substantial cause of Justice, this Court directs the First Respondent/District Revenue Officer, Pudukkottai to dispose of the pending Appeal together with impleading petition in Na.Ka.No.11138/2012/D3 dated 28.4.2015, within a period of four weeks from the date of receipt of copy of this order. It is needless for this Court to make a significant mention that the First Respondent shall provide adequate opportunity to the petitioner and others concerned, by adhering to the principles of Natural Justice in true letter and spirit. The petitioner as well as others, who are parties to the pending 'Appeal', before the First Respondent, shall extend their unstinted co-operation and assistance to the First Respondent/ District Revenue Officer, Pudukkottai, so as to enable him to dispose of the Appeal preferred by the concerned party well within the time fixed by this Court.

Sd/- Assistant Registrar (AE) /True Copy/ Sub Assistant Registrar VS To The District Revenue Officer,Pudukkottai, Pudukkottai District.

+1CC to Mr.V.Singan, Advocate Sr.No.36239 +1CC to Spl.Government Pleader Sr.No.35795 GJM/PEK/19.7.16-2p-4c Writ Petition (MD).No.3993 of 2016 11.07.2016 https://hcservices.ecourts.gov.in/hcservices/