Ragunathan.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.28551 of 2022 S.Ragunathan ... Petitioner -Vs1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District, Sivagangai.

3.The Tahsildar, Sivagangai Taluk Office, Sivagangai District.

4.Mallika 5.Palanikumar 6.Maheswari ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the 2nd respondent to dispose of the proceedings in Na.Ka.No.A1/3196/2015, dated 12.10.2015 pending before the same within the stipulated time by this Court based on the representation dated 27.07.2022. For Petitioner : Mr.P.Ranjith Kumar For R1 to R3 : Mr.P.Thilak Kumar, Government Pleader

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition is filed, seeking issuance of a Writ of Mandamus, to direct the 2nd respondent to dispose of the proceedings in Na.Ka.No.A1/3196/2015, dated 12.10.2015 pending before the 2nd respondent, based on the representation of the petitioner dated 27.07.2022, within a time frame.

2.According to the petitioner, he filed an application before the 2nd respondent, seeking cancellation of patta granted in favour of the respondents 4 to 6 in respect of Survey No.332/1, Nariyankudi Village, Sivagangai Taluk, Sivagangai District. On receipt of the same, the 2nd respondent has issued a notice dated 12.10.2015 to the respondents 4 to 6 to appear for enquiry scheduled to be held on 16.10.2015. Thereafter, no action has been taken by the 2nd respondent. Therefore, the petitioner made a representation dated 27.07.2022 to the 2nd respondent to complete the proceedings pending before him. Since the same has not been considered till date, the petitioner has approached this Court with the aforesaid prayer.

3.The learned Government Pleader for the respondents 1 to 3 submitted that the representation of the petitioner dated 27.07.2022 will be considered and appropriate orders would be passed on merits and in accordance with law within a time frame.

4.In view of the aforesaid submissions, without going into the merits of the case, we are inclined to direct the 2nd respondent to consider the representation of the petitioner dated 27.07.2022 and pass appropriate orders on its own merits and in accordance with law, after providing sufficient opportunity of hearing to all the parties concerned, including the respondents 4 to 6. Such an exercise shall be completed as early as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order. 5.With the above direction, this Writ Petition stands disposed of. No costs.

[D.K.K., J.] & [R.V., J.] 03.01.2023 NCC : Yes / No Index : Yes / No Internet : Yes / No MYR

To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Revenue Divisional Officer, Sivagangai Division, Sivagangai District, Sivagangai.

3.The Tahsildar, Sivagangai Taluk Office, Sivagangai District.

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

MYR W.P.(MD)No.28551 of 2022 03.01.2023