Holy Immanule Lutheran Church vs The Collector on 24 November, 2017

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Madras High Court

Holy Immanule Lutheran Church vs The Collector on 24 November, 2017

Bench: R.Mahadevan

        

 

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT               

DATED: 24.11.2017  

CORAM   

THE HONOURABLE MR.JUSTICE R.MAHADEVAN             

W.P(MD)No.7246 of 2013   

Holy Immanule Lutheran Church,  
Lalgudi Pastorate, rep. by (TELC),
F.Jeevanandam, Secretary, 
Pastorate Committee TELC,  
Siruthaiyur, Lalgudi,
Trichy District.                                        ..  Petitioner

Vs.

1.The Collector,
   Office of the Collectorate,
   Trichy District, Trichy.

2.The Revenue Divisional Officer,
   RDO Office, Lalgudi,
   Trichy District.

3.The Tahsildhar,
   Lalgudi, Trichy District.

4.A.Dharmaraj                                   ..  Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, directing the second
respondent to dispose the appeal in Na.Ka.A3-5171-2008 pending before the
second respondent within a time frame in the interest of justice.
!For Petitioner                 : Mr.S.N.Amarnath 

For Respondents 1 to 3          : Mr.M.Alagathevan,
                                  Special Government Pleader.

        For 4th  Respondent     : No appearance 




:ORDER

This writ petition is filed seeking a writ of Mandamus to direct the second respondent to dispose of the appeal, in Na.Ka.A3-5171-2008, filed by the petitioner, within a stipulated period as fixed by this Court.

2.Heard the learned counsel appearing for the petitioner as well as the learned Special Government Pleader appearing for the respondents 1 to 3. Despite notice being served on the fourth respondent and his name being printed in the cause list, there is no representation on behalf of the fourth respondent either in person or through Counsel.

3.The case of the petitioner is that the third respondent, vide proceedings, dated 07.07.2006, ordered to transfer patta in the name of Kremmer Santa Green Foundation in respect of the lands admeasuring 0.15.0 Ares and 04373 square metre comprised in Survey Nos.106/9 and 106/3B respectively, Siruthaiyur Village, Lalgudi. According to the petitioner, since the said properties belong to the petitioner church, the petitioner filed an appeal against the said order, before the second respondent and the same is pending for a long time. Therefore, the petitioner is before this Court.

4.The learned counsel for the petitioner would submit that it would be suffice, if the appeal filed by the petitioner, is directed to be disposed of by the second respondent as per law.

5.Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the second respondent to dispose of the appeal in Na.Ka.A3-5171-2008, if not disposed of earlier, on its own merit and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, including the fourth respondent, within a period of eight weeks from the date of receipt of a copy of this order.

6.The writ petition is disposed of as above. No costs.

1.The Collector, Office of the Collectorate, Trichy District, Trichy.

2.The Revenue Divisional Officer, RDO Office Lalgudi, Trichy District.

3.The Tahsildhar, Lalgudi, Trichy District.

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