S.Noorjahan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.04.2023

CORAM:

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

1.The District Collector, Perambalur District.

2.The Revenue Divisional Officer, Divisional Officers Office, Perambalur.

3.The Revenue Tahsildar, Kunnam Taluk, Perambalur District.

4.The Tahsildar, Kunnam Taluk, Perambalur District.

5.S. Aliraja ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to consider and pass orders 1/4

on the Appeal petition dated 14.10.2022 made by the petitioner to the 2nd respondent after conducting due enquiry with in time frame. For Petitioner : M/s.T. Dharani For R1 to R4 : Mr.R.P. Murugan Raja, Government Advocate

ORDER

Heard M/s.T. Dharani, learned counsel for the petitioner and Mr.R.P. Murugan Raja, learned Government Advocate for the respondents 1 to 4.

2. Since this Court is directing the second respondent to dispose the appeal petition filed by the petitioner, after giving due notice and opportunity to the fifth respondent, notice to the fifth respondent, is hereby dispensed with.

3. The petitioner herein had filed an appeal petition before the second respondent on 14.10.2022, challenging the order of the third 2/4

respondent dated 17.08.2022. The said appeal petition is not disposed of till date and hence, the present Writ Petition has been filed.

4. 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.

5. 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 14.10.2022, if not already disposed of, after giving due opportunity to the petitioner, as well as the fifth respondent and 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.

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M.S.RAMESH,J.

Sni

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

13.04.2023 Speaking order/Non-speaking order Index:Yes/No Sni To 1.The District Collector, Perambalur District.

2.The Revenue Divisional Officer, Divisional Officers Office, Perambalur.

3.The Revenue Tahsildar, Kunnam Taluk, Perambalur District.

4.The Tahsildar, Kunnam Taluk, Perambalur District.

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