Madras High CourtWP(MD)/20512/2018disposed of

Kabilabaranan, v. The Tahsildar

2021-04-08Honourable Mr Justice N. Anand Venkatesh2 pages

W.P.(MD).No.20512of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2021

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD).No.20512 of 2018 Kabilabaranan .. Petitioner Vs.

1.The Tahsildar Madurai North Taluk Madurai - 625 020.

2.K.Murugesan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the first respondent herein to dispose of the proceedings pending in Na.Ka.No.14306/2017 pending on his file as expeditiously as possible and within the time stipulated by this Court. For Petitioner : Mr.V.Maharajan For Respondents : Mr. M.Rajarajan, Addl. Government Pleader for R1 *****

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the first respondent to dispose of the pending proceedings in Na.Ka.No.14306/2017, within the time limit fixed by this Court.

2. The case of the petitioner is that he and his mother are the owners of the subject property. The second respondent filed an application before the first respondent claiming rights over the property. The said claim was rejected by the first respondent, through proceedings dated 13.04.2016. Aggrieved by the same, an appeal was preferred before the District Revenue Officer, Madurai North. The District Revenue Officer, through proceedings dated 17.08.2017, remanded the matter back to the file of the first respondent.

3. The grievance of the petitioner is that till date, there is no progress in the enquiry and the first respondent has not passed https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD).No.20512of 2018 any orders and therefore, left with no other alternative, the present writ petition has been filed before this Court.

4. Heard Mr.V.Maharajan, learned counsel appearing for the petitioner and Mr.M.Rajarajan, learned Additional Government Pleader appearing for the first respondent.

5. Taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the first respondent to hear the parties viz., the petitioner and the second respondent and dispose of the proceedings in Na.Ka.No.14306/2017, on its own merits and in accordance with law strictly, within a period of eight weeks from the date of receipt of a copy of this order.

6. The petitioner is directed to make a fresh representation to the first respondent along with a copy of this order.

7. This Writ Petition is disposed of with the above direction. No costs.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 The Tahsildar Madurai North Taluk Madurai - 625 020.

+1 CC to M/s.SPL GP ( SR-15631[F] dated 09/04/2021 ) W.P.(MD).No.20512 of 2018 08.04.2021 Ak(12/05/2021) 2 P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2