Pushpa Raju v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH Pushpa Raju
...Petitioner
Vs 1.The Union of India, rep. by the Secretary, Ministry of Road Transport & Central Secretariat, No.234, South Block, Delhi.
2.The State of Tamil Nadu, rep. by the Secretary to the Government, Revenue Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The National Highways Authority of India, rep. by its Chairman, G5 & 6, Sector - 10, Dwarka, New Delhi - 110 075.
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4.The District Collector, Collectorate Complex, G.S.T.Road, Chengalpattu - 603 001.
5.The Special District Revenue Officer (L.A.), Kancheepuram & Tiruvallur Districts, Kancheepuram.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the fourth respondent to consider the Appeal dated 26.11.2022 filed by the writ petitioner against the Award dated 23.08.2022 in RC 430/2021/CALA/Unit-1 passed by the 5th respondent relating to the property at Survey No.123/15, New Survey No.123/15A of Mamallapuram Village in a manner known to law. For Petitioner : Mr.Anish Gopi For Respondents : No appearance for R1 Mr.P.Sathish, Additional Government Pleader for R2 to R5
ORDER
Heard Mr.Anish Gopi, learned counsel for the petitioner and Mr.P.Sathish, learned Additional Government Pleader for respondents 2 to 5.
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2.The limited prayer sought for in this Writ Petition is for a direction to the fourth respondent herein to dispose of the appeal preferred by the petitioner dated 26.11.2022 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 the respondent concerned to dispose of the appeal expeditiously. Noncompliance 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.
4. In the light of the above observations, there shall be a direction to the fourth respondent herein to dispose of the petitioner's appeal petition dated 26.11.2022, 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 months from the date of receipt of a copy of this order.
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5.With the above direction, the Writ Petition stands disposed of. No costs.
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To 1.The Union of India, rep. by the Secretary, Ministry of Road Transport & Central Secretariat, No.234, South Block, Delhi.
2.The State of Tamil Nadu, rep. by the Secretary to the Government, Revenue Department, Secretariat, Fort St. George, Chennai - 600 009.
3.The National Highways Authority of India, rep. by its Chairman, G5 & 6, Sector - 10, Dwarka, New Delhi - 110 075.
4.The District Collector, Collectorate Complex, G.S.T.Road, Chengalpattu - 603 001.
5.The Special District Revenue Officer (L.A.), Kancheepuram & Tiruvallur Districts, Kancheepuram.
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M.S.RAMESH,J.
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