K.Zabrullah Khan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.01.2022
CORAM
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN K.Zabrullah Khan ... Petitioner Vs.
1.The District Collector, Office of the Collectorate, Ramanathapuram, Ramnad.
2.The Sub-Collector, Paramakudi, Ramanathapuram District.
3.The District Revenue Officer, Kamuthi, Ramanathapuram.
4.The Tahsildar, Taluk Office, Kamuthi Taluk, Kamuthi, Ramnad District.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to dispose the revision appeal in proceedings No.Na.Ka.B5/30623/2019 pending before the third respondent within the time frame fixed by this Court.
For Petitioner : M/s.P.Kritika Kamal For Respondents : Mr.J.John Rajadurai, Government Advocate.
ORDER
The petitioner, giving one address at Chennai and another at Ramanathapuram, had filed the present Writ Petition in the nature of Mandamus seeking a direction to dispose of the Revision Appeal proceedings in Na.Ka.B5/30623/2019 pending before the third respondent / the District Revenue Officer, Kamuthi, Ramanathapuram within a time period fixed by this Court.
1/3
2. Mr.J.John Rajadurai, learned Government Advocate who takes notice for the respondents, however, stated that, on instructions, the third respondent had issued notice to the petitioner for appearance for an inquiry on 24.12.2021 and the petitioner did not appear. Again on the next date of inquiry also, the petitioner did not appear.
3. When the petitioner does not appear for the inquiry, it is highly impossible to dispose the Revision Appeal. The petitioner on the one hand, cannot file a Writ Petition seeking early disposal of the Revision Appeal and on the other hand, not appear before the particular authority who is conducting the inquiry. It is also complained that the petitioner has given two different address and though notices had been sent to both addresses, the petitioner had not appeared for the inquiry.
4. Therefore, a Mandamus cannot be issued. But I am confident that the third respondent would dispose of the Revision Appeal in manner known to law in accordance with the seniority of similar such matters pending before the third respondent and would not unnecessarily delay in disposing the Revision Appeal.
5. With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) Lm Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The District Collector, Office of the Collectorate, Ramanathapuram, Ramnad.
2.The Sub-Collector, Paramakudi, Ramanathapuram District.
2/3
3.The District Revenue Officer, Kamuthi, Ramanathapuram.
4.The Tahsildar, Taluk Office, Kamuthi Taluk, Kamuthi, Ramnad District.
+1 CC to M/s.SPL.GP ( SR-1689[F] dated 19/01/2022 ) 12.01.2022 MGJ(03.02.2022) 3P 6C 3/3