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Madras High CourtWP(MD)/18775/2024allowed

A.Ramasamy v. The District Collector

2024-08-07Honourable Ms. Justice P.T. Asha4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA A.Ramasamy .. Petitioner Vs.

1.The District Collector, Sivagangai Town, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai District.

4.The Tahsildar, Sivagangai District.

5.A.Mani .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the 3rd respondent to conclude the appeal proceedings in Na.Ka.No.A6/9648/2023 within the stipulated time fixed by this Court.

For Petitioner :

Mr.S.Satheesh Kumar For R1 to R4 :

Mr.B.Saravanan Additional Government Pleader

ORDER

This writ petition is filed for a mandamus, directing the third respondent to conclude the appeal proceedings in Na.Ka.No.A6/9648/2023.

2. From the affidavit filed in support of the writ petition, it appears that the petitioner has made an appeal to the third respondent on 04.01.2024 itself and to date, no action to pass orders has been taken. On the contrary, the second respondent has sought a report from the third respondent. The third respondent, in turn has sought a report from the fourth respondent and the fourth respondent has sought a report from his subordinates. However, no decision on the appeal has been taken.

3. The grievance of the petitioner is that a public pathway has been encroached by the fifth respondent.

4. Considering the case of the petitioner and the fact that the appeal relates to an encroachment on a public pathway, a mandamus is issued to the third respondent to conclude the appeal proceedings and pass orders within a period of six weeks from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is allowed. No costs.

07.08.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Sivagangai Town, Sivagangai District.

2.The District Revenue Officer, Sivagangai District.

3.The Revenue Divisional Officer, Sivagangai District.

4.The Tahsildar, Sivagangai District.

P.T.ASHA, J.

abr Dated: 07.08.2024