Dr.M.Shalini v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Dr.M. Shalini

...Petitioner

Vs 1.The District Revenue Officer, District Collector Complex, Krishnagiri - 635 001.

2.The Sub Collector, Hosur.

3.The Tahsildar, Hosur.

4.Tmt. Ellamma

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on the appeal petition of the petitioner dated 04.10.2021 against the orders of second respondent pending with him as per law and merit within a specified period of time. 1/4

For Petitioner : Mr.A. Ganesan For R1 to R3 : Mr.R.P. Murugan Raja, Government Advocate

ORDER

Heard Mr.A. Ganesan, learned counsel for the petitioner and Mr.R.P. Murugan Raja, learned Government Advocate, for the respondents 1 to 3.

2. Since this Court is directing the first respondent to dispose of the petitioner's appeal petition, after giving due notice and opportunity to the fourth respondent, notice to the fourth respondent is hereby dispensed with.

3. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein, to dispose of the appeal preferred by the petitioner dated 04.10.2021 within a stipulated time.

4. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast on them to 2/4

dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of Constitution of India.

5. In the light of the above observations, there shall be a direction to the first respondent herein to dispose of the petitioner's appeal petition dated 04.10.2021, if not already disposed of, after giving due opportunity to the petitioner and the fourth respondent, as well as all the other persons who may be interested in the subject property, on its own merits and in accordance with law, within a period of three months from the date of receipt of a copy of this order.

6. With the above direction, the Writ Petition stands disposed of. No costs.

31.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The District Revenue Officer, District Collector Complex, Krishnagiri - 635 001.

2.The Sub Collector, Hosur.

3.The Tahsildar, Hosur.

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