C.Rajan v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH C.Rajan

...Petitioner

Vs 1.The District Revenue Officer, Chengelpat, Chengelpat District.

2.The District Revenue Officer, Kancheepuram, Kancheepuram District.

3.The Sub Collector/Revenue Divisional Officer, Madhurantakam, Kancheepuram District.

4.The Tahsildar, Cheyyur Taluk, Cheyyur.

5.Rajendran 6.Palani 7.Muthu 8.Perumal

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to take appropriate action and pass final orders in the petitioner's appeal dated 1/4

31.10.2018 within time limit stipulated by this Court. For Petitioner : Mr.R.Subburaj For Respondents 1 to 4 : Mr.R.P.Murugan Raja, Government Advocate

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate accepting notice for the official respondents. Since this Court is directing the first respondent to consider the appeal filed by the petitioner's father and others after giving notice to all the parties concerned, notice to the private respondents is dispensed with.

2. 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's father and others dated 31.10.2018 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 him to 2/4

dispose of the same expeditiously. Non-compliance of such a responsibility would amount to dereliction of duties and this Court would be justified in directing the Appellate Authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of the 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 appeal preferred by the petitioner's father and others dated 31.10.2018, if not already disposed of, after giving due opportunity to the petitioner and the private respondents, 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.

30.03.2023 Index:Yes/No Speaking order/Non-speaking order RS/SNI 3/4

M.S.RAMESH,J.

RS/SNI To 1.The District Revenue Officer, Chengelpat, Chengelpat District.

2.The District Revenue Officer, Kancheepuram, Kancheepuram District.

3.The Sub Collector/Revenue Divisional Officer, Madhurantakam, Kancheepuram District.

4.The Tahsildar, Cheyyur Taluk, Cheyyur.

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