P.Mallika v. The Land Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.4.2023 CORAM :

THE HONOURABLE MR. JUSTICE M.S. RAMESH P.Mallika

...Petitioner

Vs 1.The Land Commissioner, Chepauk, Chennai-5.

2.The District Revenue Officer, Kallakurichi District.

3.The Revenue Divisional Officer, Kallakurichi-606213.

4.The Revenue Tahsildar, Kallakurichi.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the petitioner's appeal dated 11.11.2022 and consequently direct the respondents to issue patta in favour of the petitioner with respect to the properties bearing Natham S.Nos.299/1A2 and 299/2B, Patta No.381 in Asakalathur Village, Kallakurichi Taluk.

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For Petitioner : Mr.S.N.Subramani For Respondents : Mr.Yogesh Kannadasan, Special Government Pleader

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 respondents to consider the petitioner's appeal dated 11.11.2022 and consequently direct the respondents to issue patta to the petitioner in respect of the properties bearing Natham S.Nos.299/1A2 and 299/2B in Asakalathur Village, Kallakurichi Taluk.

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 2/4

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 11.11.2022, 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.

21.4.2023 Index:Yes/No Speaking order/Non-speaking order To 1.The Land Commissioner, Chepauk, Chennai-5.

2.The District Revenue Officer, Kallakurichi District. 3.The Revenue Divisional Officer, Kallakurichi-606213. 4.The Revenue Tahsildar, Kallakurichi.

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M.S.RAMESH,J.

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