K.Sheriff v. The Director Of Collegiate Education

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2023

CORAM:

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

...Petitioner

Vs 1.The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

2.The Secretary/Correspondent, Ayya Nadar Janaki Ammal College, Sivakasi - 626 124.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the first respondent herein to consider and dispose of the petitioner's appeals dated 24.03.2021 and 05.11.2021 which is filed under Section 20 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 r/w. Rule 14 of the Tamil Nadu Private Colleges (Regulation) Rules, 1976 pending on the file of the first respondent.

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For Petitioner : Ms.S.Sharmila For R1 : Mr.M.Bindran Additional Government Pleader

ORDER

Heard Ms.S.Sharmila, learned counsel for the petitioner and Mr.M.Bindran, learned Additional Government Pleader for the first respondent.

2. Since this Court is directing the first respondent to consider the petitioner's Appeal Petitions, after giving due notice and opportunity to the second respondent, notice to the second respondent is hereby dispensed with.

3. The limited prayer sought for in this Writ Petition is for a direction to the first respondent herein to dispose of the appeals preferred by the petitioner dated 24.03.2021 and 05.11.2021 within a stipulated time.

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4. 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.

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 petitions dated 24.03.2021 and 05.11.2021 if not already disposed of, after giving due opportunity to the petitioner and the second respondent, as well as all 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.

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M.S.RAMESH,J.

hvk

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

20.10.2023 Index:Yes/No Speaking order/Non-speaking order hvk To The Director of Collegiate Education, I.A.S.E. Campus, 577, Anna Salai, Saidapet, Chennai - 600 015.

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