V.Pauldas v. The Revenue Divisional Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH V.Pauldas Advocate/Court Receiver Khan Sahib Mehdi Hussain Sahib Wakf Estate, No.83/106, Perambur High Road Lane, Jamalia, Chennai - 600 012.

...Petitioner

Vs 1.The Revenue Divisional Officer, South Chennai, Guindy, Chennai - 600 032.

2.B.Vanishree 3.B.Balaji

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent to dispose of review application dated 03.01.2022 filed by the petitioner within the reasonable time.

For Petitioner : Mr.M.L.Ganesh For R1 : Mr.P.Prithivi Chopda 1/4

ORDER

Heard Mr.M.L.Ganesh, learned counsel for the petitioner and Mr.P.Prithivi Chopda, learned counsel for the first respondent. 2.Since this Court is directing the first respondent to dispose of the review application filed by the petitioner, after giving due opportunity to the respondents 2 and 3 herein, notice to the private respondents 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 review application filed by the petitioner dated 03.01.2022 within a stipulated time.

4.It is needless to point out that whenever a review application is preferred before the Reviewing Authority, there is a duty cast on him to 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 authority to dispose of the review application 2/4

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 first respondent herein to dispose of the petitioner's review application dated 03.01.2022, if not already disposed of, after giving due opportunity to the petitioner and the respondents 2 and 3, 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.

6.With the above direction, the Writ Petition stands disposed of. No costs.

20.04.2023 Index:Yes/No Speaking order/Non-speaking order hvk 3/4

M.S.RAMESH,J.

hvk To The Revenue Divisional Officer, South Chennai, Guindy, Chennai - 600 032.

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