M.Murali v. The Deputy Inspector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2023

CORAM:

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

...Petitioner

Vs 1.The Deputy Inspector General of Registration, Registration Department Integrated Complex, Near New Collectorate, Vallam High Road, Pillayarpatty, Thanjavur - 613 010.

2.K.Ramasubramaniyam 3.S.Kannan

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to dispose the appeal dated 17.12.2022 presented before his by the petitioner within a considerable period on merits.

For Petitioner : Mr.P.Vijendran For R1 : Mr.Murugan Raja Government Advocate 1/4

ORDER

Heard Mr.P.Vijendran, learned counsel appearing for the petitioner and Mr.Murugan Raja, learned Government Advocate for the first respondent.

2. Since this Court is directing the first respondent to consider the petitioner's Appeal Petition, after giving due notice and opportunity to the respondents 2 and 3, notice to the respondents 2 and 3 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 17.12.2022 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 dispose of the appeal expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would 2/4

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 17.12.2022 if not already disposed of, after giving due opportunity to the petitioner and the respondents 2 and 3, as well as all 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.

20.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To The Deputy Inspector General of Registration, Registration Department Integrated Complex, Near New Collectorate, Vallam High Road, Pillayarpatty, Thanjavur - 613 010.

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