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Madras High CourtWP/33700/2023allowed with costs

A.Victoria v. The Chief Secretary

2023-12-06Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.12.2023

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN A.Victoria ... Petitioner Vs.

1. The Chief Secretary, Government of Union Territory of Puducherry, The Chief Secretariat, Puducherry.

2. The District Collector, Karaikal, U.T.I. of Puducherry. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the District Collector, Karaikal, to pass an order in the Statutory Appeal dated 10.01.2020, which was preferred by the petitioner under Section 21(2) of Puducherry Settlement Act, 1970.

For Petitioner : Mr.G.K.R.Pandiann For Respondents : Mr.V.Vasanth Kumar Additional Government Pleader Pondicherry

O R D E R

This Writ Petition has been filed to issue a Writ of Mandamus, to direct the second respondent/District Collector, Karaikal, to pass an order in the Statutory Appeal dated 10.01.2020, which was preferred by the petitioner under Section 21(2) of Puducherry Settlement Act, 1970.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader, Pondicherry appearing for the respondents.

3. Having regard to the submissions made by the learned counsel on either side, taking into consideration the limited prayer sought for by the petitioner, without expressing any opinion with regard to the merits of the case, this Court directs the second respondent to dispose the petitioner's appeal dated 10.01.2020 on merits and in accordance with law, after giving notice and opportunity of hearing to the petitioner within a period of four weeks from the date of receipt of a copy of this order.

4. Since the statutory appeal filed by the petitioner is pending from 2020 onwards and the second respondent has not taken any steps to dispose the appeal, the Writ Petition is allowed with costs of Rs.1,00,000/- (Rupees One Lakh only) to be payable by the second respondent to the credit of Chief Justice Relief Fund. 06.12.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Chief Secretary, Government of Union Territory of Puducherry, The Chief Secretariat, Puducherry.

2. The District Collector, Karaikal, U.T.I. of Puducherry.

P.VELMURUGAN, J.

mfa 06.12.2023