Partly allowed

Paul Chinnappan v. The District Collector

Madras HC1 Nov 2021WP/26438/2017

Case brief

AI extract

What is this about?

The High Court directed the Revenue Divisional Officer to consider a pending appeal, issuing notice to the deceased petitioner's legal heirs, and pass a merit-based order within twelve weeks under Article 226. The writ petition was disposed of accordingly.

What did the court decide?

Direct the second respondent to consider the appeal dated 20.04.2017, issue notice to legal heirs of the deceased petitioner, give opportunity of hearing, and pass orders within twelve weeks.

Paul Chinnappan Vs The District Collector — Landlord and Tenant | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 01.11.2021

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CORAM

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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

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Paul Chinnappan ...Petitioner

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-Vs-

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The District Collector, Cuddalore District, Cuddalore.

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

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The Tahsildar, Vridhachalam, Cuddalore District.

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The Revenue Inspector, Vridhachalam,Cuddalore District.

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Arulprakasam 6. Calistamary ...Respondents

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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.

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For Petitioner : No appearance

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

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ORDER

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The Writ Petition has been filed to direct the second respondent to dispose of the appeal dated 20.04.2017 by

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https://hcservices.ecourts.gov.in/hcservices/

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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.

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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.

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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.

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

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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.

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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.

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Sd/-

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Assistant Registrar(CS-VIII)

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//True Copy//

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Sub Assistant Registrar

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rts

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The District Collector, Cuddalore District, Cuddalore.

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https://hcservices.ecourts.gov.in/hcservices/

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

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The Tahsildar, Vridhachalam, Cuddalore District.

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The Revenue Inspector, Vridhachalam, Cuddalore District.

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+1cc to M/s.V.Raghavachari, Advocate, S.R.No.57123

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

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SJ(CO) RGA(29/11/2021)

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https://hcservices.ecourts.gov.in/hcservices/

Paul Chinnappan v. The District Collector

Case brief

What is this about?

What did the court decide?

Paul Chinnappan v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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