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Madras High CourtWP/11845/2023disposed of

M.Perumal v. The District Revenue Officer

2023-04-19Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Perumal

...Petitioner

Vs 1.The District Revenue Officer, O/o the District Revenue Officer, Kesavalu Nagar, V.O.C.Nagar, Kallakurichi-606 202.

2. The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Thirukovilur, Sandapet, Kallakurichi-605 757.

3. The Tahsildar, O/o, the Tahsildar, Kottaimedu, Kallakurichi-606 213.

4. V.Varatharajan

5. Ms.V.Rekha

6. Sivaraj

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to 1/4

consider and pass orders in the statutory appeal dated 07.11.2022, followed by reminders dated 28.11.2022 and 20.12.2022 of the petitioner submitted to the respondents against the proceedings dated 7.11.2022 in 2022/0103/33/306849TR of the 3rd respondent, within a stipulated time and after affording due opportunity of hearing to all the parties concerned.

For Petitioner : Mr.R.Gopinath For Respondents : Ms.Akila Rajendran Government Advocate For R.1 to R.3

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The limited prayer sought for in this Writ Petition is for a direction to the second respondent herein to dispose of the appeal preferred by the petitioner dated 07.11.2022 within a stipulated time.

3. 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 dispose of the appeal expeditiously. Non-compliance of such a 2/4

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.

4. In the light of the above observations, there shall be a direction to the second respondent herein to dispose of the petitioner's appeal petition dated 07.11.2022, if not already disposed of, after giving due opportunity to the petitioner, 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 weeks from the date of receipt of a copy of this order.

5. With the above direction, the Writ Petition stands ordered. No costs.

19.04.2023 Index:Yes/No Speaking order/Non-speaking order sr 3/4

M.S.RAMESH,J.

sr To 1.The District Revenue Officer, O/o the District Revenue Officer, Kesavalu Nagar, V.O.C.Nagar, Kallakurichi-606 202.

2. The Revenue Divisional Officer, O/o the Revenue Divisional Officer, Thirukovilur, Sandapet, Kallakurichi-605 757.

3. The Tahsildar, O/o, the Tahsildar, Kottaimedu, Kallakurichi-606 213.

19.04.2023 4/4