E.Malarvizhi v. The Additional Chief Secretary/Commissioner Of Revenue Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.03.2023

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU E.Malarvizhi ... Petitioner -vs1. The Additional Chief Secretary/Commissioner of Revenue Administration, Chepauk, Chennai - 5.

2. The District Collector, Villupuram District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the First Respondent to dispose of the appeal petition of the Petitioner dated 14.11.2022. For Petitioner :

Mr. K.N.Pandian for Mr. S.Vijayakumar, Senior Counsel For Respondents :

Mr. N.Naveenkumar, Government Advocate 1/5

O R D E R

Heard Mr. S.Vijayakumar, Learned Senior Counsel for the Petitioner and Mr. N.Naveenkumar, Learned Government Advocate takes notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The grievance ventilated by the Petitioner is that she had preferred an appeal dated 14.11.2022 before the First Respondent against the Order in Na. Ka. A1/5283/2021 dated 17.10.2022 passed by the Second Respondent, but as it did not evoke any response, she has filed this Writ Petition. 3.

Having regard to the limited nature of relief sought, this Court without expressing any view on the correctness or entitlement of the claim made by the Petitioners, passes the following order:- (i) the concerned authority shall immediately examine the appeal dated 14.11.2022 preferred by the Petitioner including ascertaining as to whether the Petitioner would be entitled for the relief claimed; (ii) if it is found that any other details or supporting documents is necessary, the deficiencies in that regard shall be informed in writing to the 2/5

Petitioner requiring the same to be furnished within a time frame of not less than 15 days for the same;

(iii) in the event of not being satisfied with the requirements even thereafter, an enquiry shall be conducted affording full opportunity of personal hearing to the Petitioner and all other persons concerned to explain their position in that regard;

(iv) a reasoned order shall be passed dealing with each of the contentions raised on merits and in accordance with law and the decision taken communicated by 31.08.2023 under written acknowledgment; and (v) the report of such compliance shall be filed before the Registrar (Judicial) of this Court.

In the result, the Writ Petition is disposed on the aforesaid terms. No costs.

17.03.2023 kv Index: Yes/No Note: Issue order copy by 05.06.2023.

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To

1. The Additional Chief Secretary/Commissioner of Revenue Administration, Chepauk, Chennai - 5.

2. The District Collector, Villupuram District.

Copy to The Registrar (Judicial), Madras High Court, Chennai - 600 104.

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P.D. AUDIKESAVALU, J.

kv 17.03.2023 5/5