K.Ramanathan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.4.2023 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Ramanathan

...Petitioner

Vs 1.The District Collector, Thiruvannamalai District.

2.The Revenue Divisional Officer, Thiruvannamalai District.

3.The Tahsildar, Sengam Taluk, Thiruvannamalai District.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the second respondent/ Revenue Divisional Officer to dispose off the appeal filed by the petitioner dated 25.1.2023 on merits and thereby consequently direct the second respondent to issue patta in the name of the petitioner for the property comprised in Survey No.180 measuring an extent of 0.45 cents in Paramanandhal Village, Sengam Taluk, Thiruvannamalai District. For Petitioner : Ms.R.Gouri 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 second respondent to dispose of the appeal preferred by the petitioner dated 25.1.2023 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 Constitution of India.

4. In the light of the above observations, there shall be a direction to the second respondent to dispose of the petitioner's appeal dated 25.1.2023 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.

21.4.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The District Collector, Thiruvannamalai District.

2.The Revenue Divisional Officer, Thiruvannamalai District.

3.The Tahsildar, Sengam Taluk, Thiruvannamalai District.

RS/SNI 3/4

M.S.RAMESH,J.

RS/SNI 21.4.2023 4/4