M.C.Kuppusamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.C.Kuppusamy

...Petitioner

Vs 1.The District Collector, Tirupathur District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tirupathur District.

3. The Tahsildar, Natrampalli Taluk, Tirupathur District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to dispose the petitioner's appeal dated 16.02.2023 within a stipulated period of time and issue the patta in the name of the petitioner in respect of the property situated at survey No.21/2A1, Mallapalli Village, Natrampalli Taluk, Tirupathur District totally to an extent of 0.85 cent agricultural land.

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For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.R.P.Murugan Raja, 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 respondents 1 and 2 herein to dispose of the appeal preferred by the petitioner dated 16.02.2023 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 Appellate Authority to dispose of the appeal within a stipulated time, in exercise of its powers under Article 226 of the Constitution of India.

4. In the light of the above observations, there shall be a direction 2/4

to the second respondent herein to dispose of the petitioner's appeal dated 16.02.2023, 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.

30.03.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Tirupathur District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Tirupathur District.

3. The Tahsildar, Natrampalli Taluk, Tirupathur District.

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M.S.RAMESH,J.

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