G.Mallika v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH G.Mallika

...Petitioner

Vs 1.The District Collector, Ranipettai District, Ranipettai.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Tahsildar, Nemili, Arakkonam Taluk, Ranipet District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent herein to hear and dispose of the present appeal filed by the petitioner herein under Rule 14 of the Tamil Nadu Patta Passbook Rules, 1987 dated 06.05.2022 within the stipulated time as fixed by this Court. 1/4

For Petitioner : Mr.S.Senthil For Respondents : Ms.Akila Rajendran Government Advocate

ORDER

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

2. The limited prayer sought for in this Writ Petition is for a direction to the second respondent herein to dispose of the appeal preferred by the petitioner dated 06.05.2022 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 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 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 petition dated 06.05.2022, if not already disposed of, after giving due opportunity to the petitioner, 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.

05.04.2023 Index:Yes/No Speaking order/Non-speaking order hvk To 1.The District Collector, Ranipettai District, Ranipettai.

2.The Revenue Divisional Officer, Arakkonam, Ranipet District.

3.The Tahsildar, Nemili, Arakkonam Taluk, Ranipet District.

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M.S.RAMESH,J.

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