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S. Mahalingam Chettiyar Vs. The Revenue Divisional Officer, Periyakulam - Court Judgment

LegalCrystal Citation
CourtChennai Madurai High Court
Decided On
Case NumberW.P(MD)No. 16563 of 2016
Judge
AppellantS. Mahalingam Chettiyar
RespondentThe Revenue Divisional Officer, Periyakulam
Excerpt:
.....on behalf of the first respondent. 4. according to the learned counsel for the petitioner, the appeal filed by the petitioner is pending for enquiry before the first respondent / revenue divisional officer, periyakulam, theni district, till date, without any significant progress or disposal. it appears that the parties to the appeal had filed their response / counter. the next date of hearing is scheduled to take place, before the first respondent, on 14.09.2016. 5. considering the fact that the petitioner's appeal is pending from 2015 onwards, before the first respondent and also this court taking note of the fact that the next date of hearing of the appeal is fixed on 14.09.2016, at this stage, this court, without expressing any opinion on the merits of the pending appeal, filed by.....
Judgment:

(Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st Respondent to enquire and pass final order in Na.Ka.No.3376/2015/A-1, within stipulated time.)

1. Heard both sides.

2. By consent, the main Writ Petition itself is taken up for final disposal.

3. No counter is filed on behalf of the First Respondent.

4. According to the Learned Counsel for the Petitioner, the Appeal filed by the Petitioner is pending for enquiry before the First Respondent / Revenue Divisional Officer, Periyakulam, Theni District, till date, without any significant progress or disposal. It appears that the parties to the Appeal had filed their response / counter. The next date of hearing is scheduled to take place, before the First Respondent, on 14.09.2016.

5. Considering the fact that the Petitioner's Appeal is pending from 2015 onwards, before the First Respondent and also this Court taking note of the fact that the next date of hearing of the Appeal is fixed on 14.09.2016, at this stage, this Court, without expressing any opinion on the merits of the pending Appeal, filed by the Petitioner, simpliciter, directs the First Respondent, to immediately take up the pending Appeal and to dispose of the same, within a period of six weeks from the date of receipt of a copy of this order, by passing a reasoned speaking order, on merits, and in accordance with Law (of course after providing necessary opportunity to the Petitioner and others concerned, especially, Respondent Nos.2 to 4, in the present Writ Petition, by adhering to the principles of natural justice, in true letter and spirit, by issuing notice to the Petitioner and others concerned, if situation so warrants). The Petitioner is directed to lend his assistance and co-operation to the First Respondent so as to enable the latter to dispose of the Appeal, within the time, as aforestated.

6. With the aforesaid observation(s) and direction(s), the Writ Petition stands disposed of. No costs.


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