Rama Reddy v. The Deputy Inspector General Of Registration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Rama Reddy

...Petitioner

Vs 1.The Deputy Inspector General of Registration, Salem.

2. The District Registrar (Administration), Krishnagiri District.

3. The Sub Registrar, Kelamangalam.

4. Krishna Reddy

...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 the appeal preferred by the petitioner dated 03.01.2023 and to dispose the same within a stipulated period.

For Petitioner : Mr.M.Mohamed Riyaz For Respondents : Mr.Yogesh Kannadasan Special Government Pleader For R.1 to R.3 1/4

ORDER

Heard Mr.M.Mohamed Riyaz, learned counsel for the petitioner and MR.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 3.

2. Since this Court is directing the official respondents to consider the petitioner's appeal, 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 03.01.2023 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 responsibility would amount to dereliction of duties and this Court would be justified in directing the authority to dispose of the appeal within a 2/4

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 first respondent herein to dispose of the petitioner's appeal petition dated 03.01.2023 if not already disposed of, after giving due opportunity to the petitioner, 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.

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

16.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To 1.The Deputy Inspector General of Registration, Salem.

2. The District Registrar (Administration), Krishnagiri District.

3. The Sub Registrar, Kelamangalam.

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