Madras High CourtWP/9890/2023disposed of

D.Pugalendi v. The District Registrar

2023-03-30Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH D.Pugalendi

...Petitioner

Vs 1.The District Registrar, O/o the District Registrar, South Madras Registration Office, Nandanam, Chennai-35.

2.The Sub-Registrar, O/o Guduvanchery Sub-Registrar, Guduvanchery, Vandalur Taluk, Chengalpet District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to dispose of the appeal dated 31.12.2022 filed by the petitioner under Section 72 of the Registration Act, 1908 after giving an opportunity to the petitioner within fixed time limit.

For Petitioner : Mr.K.R.Krishnan For Respondents : Mr.Yogesh Kannadasan Special Government Pleader 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 limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to dispose of the appeal preferred by the petitioner dated 31.12.2022 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 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 to the first respondent herein to dispose of the petitioner's appeal dated 31.12.2022, if not already disposed of, after giving due opportunity to the 2/4

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 Registrar, O/o the District Registrar, South Madras Registration Office, Nandanam, Chennai-35. 2.The Sub-Registrar, O/o Guduvanchery Sub-Registrar, Guduvanchery, Vandalur Taluk, Chengalpet District. RS/SNI 3/4

M.S.RAMESH,J.

RS/SNI 30.03.2023 4/4