R.Raghavan v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.03.2023

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH R.Raghavan

...Petitioner

Vs The Sub Collector, Rainpet Revenue Division, Krishnagiri Trunk Road, Near Head Post Office, Ranipet - 632 401.

...Respondent

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondent to consider and dispose of the petitioner Appeal Petition dated 10.03.2021 within a stipulated time fixed by this Court, consequently to direct the respondent Sub-Collector, Ranipet Revenue Division to set aside the proceeding in Na.Ka.Ji1.1370/2020 dated 02.02.2021 passed by the Tahsildar, Sholinghur Taluk, Ranipet District and to issue the separate Patta in the name of petitioner house site after affected sub division of Joint Patta No.308 stands in the name of Petitioner in S.No.381/5A1 measuring about to an extent of 5 Cents out of 10 Cents situated at Chengalnatham [Madura] Ramapuram Village, Sholinghur Taluk, Ranipet District. 1/4

For Petitioner : Mr.R.Anandha Babu For Respondent : Mr.P.Sathish Additional 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 respondent herein to dispose of the appeal preferred by the petitioner dated 10.03.2021 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 stipulated time, in exercise of its powers under Article 226 of Constitution of India.

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4. In the light of the above observations, there shall be a direction to the respondent herein to dispose of the petitioner's appeal petition dated 10.03.2021, 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 disposed of. No costs.

15.03.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The Sub Collector, Rainpet Revenue Division, Krishnagiri Trunk Road, Near Head Post Office, Ranipet - 632 401.

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M.S.RAMESH,J.

hvk 15.03.2023 4/4