Paul Chinnappan vs The District Collector
2021 Latest Caselaw 21887 Mad

                                                             W.P.No.26438 of 2017

              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                             DATED : 01.11.2021

                                  CORAM

          THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

                            W.P. No.26438 of 2017
                         and W.M.P.No.28135 of 2017

Paul Chinnappan                                             ... Petitioner
                                     -Vs-
1. The District Collector,
   Cuddalore District,
   Cuddalore.

2. The Revenue Divisional Officer,
   Vridhachalam,
   Cuddalore District,
   Cuddalore.

3. The Tahsildar,
   Vridhachalam,
   Cuddalore District.

4. The Revenue Inspector,
   Vridhachalam,
   Cuddalore District.

5. Arulprakasam
6. Calistamary                                              ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, to direct the second
respondent to dispose of the appeal dated 20.04.2017 considering the decree
and judgment in O.S.No.66 of 2009, District Munsif Court, Neyveli and
A.S.No.10 of 2012 Sub Court, Neyveli, within a fixed time frame.


Page 1 of 4
                                                                 W.P.No.26438 of 2017

                    For Petitioner     : No appearance

                    For Respondents
                     For R1 to R4   : Mr.M.R.Gokul Krishnan
                                      Government Advocate
                     For R5 to R6   : Mr.V.Raghavachari

                                     ORDER

The Writ Petition has been filed to direct the second respondent to

dispose of the appeal dated 20.04.2017 by considering the decree and

judgment made in O.S.No.66 of 2009 on the file of the District Munsif Court,

Neyveli and in A.S.No.10 of 2012 on the file of the Sub Court, Neyveli, within

a fixed time frame.

2. Heard Mr.M.R.Gokul Krishnan, learned Government Advocate

appearing for the respondents 1 to 4 and Mr.V.Raghavachari, learned Counsel

appearing for the respondents 5 & 6. No one is appeared on behalf of the

petitioner.

3. The learned counsel appearing for the respondents 5 & 6 would

submit that the sole petitioner died and the legal heirs did not take any steps to

implead themselves as party to the present petition.

4. It is seen from the records that on 21.04.2021, the learned counsel

W.P.No.26438 of 2017

appearing for the petitioner made representation that the sole petitioner is no

more and sought time to implead the legal heirs. However, even till today he

did not take any steps to implead the legal heirs of the deceased petitioner.

5. Considering the limited prayer sought for in the present Writ

Petition, the second respondent is directed to consider the appeal dated

20.04.2017, after issuance of notice to the legal heirs of the deceased petitioner

and the respondents 5 & 6, and after giving opportunity of hearing to both the

parties and pass orders on merits and in accordance with law, within a period

of twelve weeks from the date of the receipt of a copy of this Order, if not

already disposed of.

6. With the above directions, the Writ Petition stands disposed of.

Consequently, connected miscellaneous petition is closed. There shall be no

order as to costs.

01.11.2021

Internet : Yes Index : Yes/No Speaking order/Non-speaking order rts

W.P.No.26438 of 2017

G.K.ILANTHIRAIYAN, J.

rts

To

1. The District Collector, Cuddalore District, Cuddalore.

2. The Revenue Divisional Officer, Vridhachalam, Cuddalore District, Cuddalore.

3. The Tahsildar, Vridhachalam, Cuddalore District.

4. The Revenue Inspector, Vridhachalam, Cuddalore District.

W.P. No.26438 of 2017 and W.M.P.No.28135 of 2017

01.11.2021