M.Indirani v. The Revenue Divisional Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2023

CORAM:

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

1.The Revenue Divisional Officer, Mettur Dam, Salem District.

2.The Tahsildar, Mettur Taluk, Salem District.

3.Sundararajan

4. Koushik ... 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 the appeal dated 30.12.2022 filed by the petitioner and cancel the sub division in S.Nos.403/2A1, 403/2A2 and include the petitioner's name in Patta Nos.1600, 1324, 1517, 7100, 7108.

For Petitioner : Mr.V. Elangovan For R1 & R2 : Mr.V. Veluchamy, Additional Government Pleader 1/4

ORDER

Heard Mr.V. Elangovan, learned counsel for the petitioner and Mr.V. Veluchamy, learned Additional Government Pleader for the first and second respondents.

2. Since this Court is directing the first respondent to dispose the appeal filed by the petitioner, after giving due notice and opportunity to the third and fourth respondents, notice to the third and fourth respondents, is hereby dispensed with.

3. The petitioner herein had given an appeal to the first respondent on 30.12.2022, to include his name in Patta Nos.1600, 1324, 1517, 7100, 7108 and to cancel the sub division in S.No.403/2A1, 403/2A2. The said appeal has not been disposed till date.

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 2/4

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 first respondent herein, to dispose of the petitioner's appeal dated 30.12.2022, if not already disposed of, after giving due opportunity to the petitioner, as well as the respondents 3 and 4 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.

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

06.04.2023 Speaking order/Non-speaking order Index:Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Revenue Divisional Officer, Mettur Dam, Salem District.

2.The Tahsildar, Mettur Taluk, Salem District.

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