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Madras High Court
R.Anandalakshmi vs The District Collector on 22 August, 2011
       

  

  

 
 
 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 22/08/2011

CORAM
THE HONOURABLE MR.JUSTICE R.SUDHAKAR

W.P.(MD)No.9401 of 2011

R.Anandalakshmi		 ... Petitioner
	                        	
Vs.

1. The District Collector,
    District Collector Campus,
    Madurai.

2. The Revenue Divisional Officer,
    Madurai,
    Madurai District.

3. The Tahsildar,
    Madurai South Taluk,
    Madurai.

4. Mr.T.S.R.Sadhasivam		 ... Respondents

PRAYER

Petition filed under Article 226 of the Constitution of India praying for
the issuance of a writ of Mandamus to direct the respondent No.2 to complete the
Appeal proceedings filed by the respondent No.4 dated 27.12.2010 within the
stipulated time.

!For Petitioner	  ...	Mr.T.Lajapathi Roy
^For Respondents  ...	Mr.M.Govindan
			Special Government Pleader
			for R.1 to R.3
		  ...   Dispensed with for R.4
* * * * *
:ORDER

This writ petition has been filed by the petitioner to issue a Writ of
Mandamus to direct the respondent No.2 to complete the Appeal proceedings filed
by the respondent No.4 dated 27.12.2010 within the stipulated time.

2. In view of the order that is to be passed, notice to the fourth
respondent is dispensed with.

3. Heard Mr.T.Lajapathi Roy, learned Counsel for the petitioner and
Mr.M.Govindan, learned Special Government Pleader who takes notice for the
respondents 1 to 3.

4. By consent, the writ petition itself is taken up for final disposal.

5. The writ petition has been filed for a mandamus to direct the second
respondent to dispose of the appeal pending before him, for which the date of
hearing is fixed as 22.03.2011 and adjourned without concluding the same.

6. Without going into the merits of the petitioner’s claim, the second
respondent is directed to dispose of the appeal, if it has not been already
disposed of, on its own merits and in accordance with law, within a period of
six weeks from the date of receipt of a copy of this order, after hearing all
the parties concerned, who may be relevant to the appeal proceedings including
the fourth respondent, if he is a party in the proceedings. It is made clear
that this Court does not express any opinion about the merits of the
petitioner’s claim and the Authority shall decide the matter on its own merits.

7. With the above direction, this writ petition is disposed of. No
costs.

ssl
To

1. The District Collector,
District Collector Campus, Madurai.

2. The Revenue Divisional Officer,
Madurai, Madurai District.

3. The Tahsildar,
Madurai South Taluk, Madurai.


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