M.Devaraj v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M. Devaraj ... Petitioner Vs.

1.The District Collector, District Collector Office, Villupuram District, Villupuram.

2.The Revenue Divisional Officer (R.D.O.), Revenue Divisional Office, Tindivanam, Villupuram District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider the petitioner's appeal representation dated 05.10.2022 within stipulated period and consequently direct the 2nd respondent to issuance of patta document based on the petitioner's long possession of proved documents in the petitioner favour.

For Petitioner : Mr.T.V.G. Kartheeban For Respondents : Mrs.Akhila Rajendran, Government Advocate 1/4

ORDER

With the consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

2. The petitioner herein had given an appeal representation to the respondents on 05.10.2022, as against the proceedings of the Tahsildar dated 20.07.2022. The said appeal representation has not been disposed till date.

3. It is needless to point out that whenever a statutory appeal is preferred before the Appellate Authority, there is a duty cast upon 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 stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

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4. In the light of the above observations, there shall be a direction to the second respondent herein, to dispose of the petitioner's appeal representation dated 05.10.2022, if not already disposed of, after giving due opportunity to the petitioner, as well as any other person who may be interested in the subject property, on its own merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order.

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

03.04.2023 Speaking order/Non-speaking order Index:Yes/No Sni To 1.The District Collector, District Collector Office, Villupuram District, Villupuram.

2.The Revenue Divisional Officer (R.D.O.), Revenue Divisional Office, Tindivanam, Villupuram District.

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M.S.RAMESH,J.

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