P.Subbuthai v. The Additional Chief Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.06.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH P. Subbuthai ... Petitioner Vs.

1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 0028.

3.The Commissioner, Avadi City Municipal Corporation, Avadi, Chennai - 600 054.

4.The Commissioner, Madurai City Municipal Corporation, Madurai - 625 002.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 1st respondent to consider the Statutory Appeal submitted by the petitioner dated 10.03.2023, against the orders of the 2nd respondent issued in Roc.No.17167/2008/VI dated 1/4

23.02.2023 and to pass appropriate orders, within a reasonable period as may be fixed by this Hon'ble Court.

For Petitioner : Mr.T. Ranganathan For Respondents : Mr.S. Rajesh, Government Advocate

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 10.03.2023, 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 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 2/4

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 first respondent herein, to dispose of the petitioner's appeal dated 10.03.2023, if not already disposed of, 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.

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

23.06.2023 Speaking/Non-speaking Order Internet: Yes/No Index: Yes/No Sni 3/4

M.S.RAMESH,J.

Sni To 1.The Additional Chief Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai - 600 009.

2.The Director of Municipal Administration, No.75, Santhome High Road, Raja Annamalaipuram, Chennai - 600 0028.

3.The Commissioner, Avadi City Municipal Corporation, Avadi, Chennai - 600 054.

4.The Commissioner, Madurai City Municipal Corporation, Madurai - 625 002.

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