Dr.N.Murugesan v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH 1.Dr.N.Murugesan 2.Meenalosani
...Petitioners
Vs 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.
2.The Deputy Inspector General of Registration, Integrated Sales Tax and Registration Department Building, Ground Floor, Veterinary Hospital Road, Fanepet, Nandanam, Chennai - 600 035.
3.The District Registrar, (In the cadre of Assistant Inspector General of Registration), Integrated Sales Tax and Registration Department Building, Ground Floor, Veterinary Hospital Road, Fanepet, Nandanam, Chennai - 600 035.
4.The Sub Registrar, Virugambakkam, Chennai - 600 092.
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5.S.Dhanasekaran 6.T.Durai
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the 2nd respondent to dispose of the appeal dated 16.10.2021 against order of the 3rd respondent in Na.Ka.No.2309/2020 dated 27.08.2021 in accordance with law. For Petitioners : Mr.M.Fazulul Haq For R1 to R4 : Mr.Yogesh Kannadasan, Special Government Pleader
ORDER
Heard Mr.M.Fazulul Haq, learned counsel for the petitioners and Mr.Yogesh Kannadasan, learned Special Government Pleader for the respondents 1 to 4.
2. Since this Court is directing the second respondent to dispose of the appeal preferred by the petitioners, after giving due opportunity to the respondents 5 and 6, notice to the said respondents is dispensed with. 2/5
3. The petitioners herein had filed an appeal before the second respondent on 16.10.2021, as against the order of the third respondent dated 27.08.2021. The said appeal petition has not been disposed till date.
4. 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 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 stipulated time, in exercise of its powers under Article 226 of the Constitution of India.
5. In the light of the above observations, there shall be a direction to the second respondent herein to dispose of the petitioner's appeal petition dated 16.10.2021, if not already disposed of, after giving due opportunity to the petitioner, as well as all the respondents 5 and 6 herein, 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. 3/5
6. With the above direction, the Writ Petition stands disposed of. No costs.
21.03.2023 Index:Yes/No Speaking order/Non-speaking order sni To 1.The Inspector General of Registration, Santhome High Road, Mylapore, Chennai - 600 004.
2.The Deputy Inspector General of Registration, Integrated Sales Tax and Registration Department Building, Ground Floor, Veterinary Hospital Road, Fanepet, Nandanam, Chennai - 600 035.
3.The District Registrar, (In the cadre of Assistant Inspector General of Registration), Integrated Sales Tax and Registration Department Building, Ground Floor, Veterinary Hospital Road, Fanepet, Nandanam, Chennai - 600 035.
4.The Sub Registrar, Virugambakkam, Chennai - 600 092.
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M.S.RAMESH,J.
sni 21.03.2023 5/5