R.Pushpa Kala v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2024

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.23368 of 2024 R.Pushpa Kala ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by its Secretary, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Executive Officer, Vilavoor First Grade Town Panchayat, Moolachel, Kanniyakumari District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the first respondent to consider and dispose of the petitioner's statutory appeal / application dated 09.10.2024 within the time that may be stipulated by this Court and consequently, forbear the second respondent from taking any coercive action till such disposal in light of the decision of the Hon'ble Apex Court in the Commissioner, Corporation of Madurai Vs. Dr.Ismail, 2017 (5) CTC 558.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.J.Ashok Additional Government Pleader

ORDER

(Order of the Court was made by M.S.RAMESH,J.) By consent of both sides, the Writ Petition is taken up for final disposal at the stage of admission itself.

2. The limited prayer sought for in the present Writ Petition is for a direction to the first respondent to dispose of the appeal filed by the petitioner, dated 09.10.2024, as against the orders passed by the second respondent in Na.Ka.No.286/2024/A1 dated 25.09.2024.

3. Since the appeal is still pending, it would be appropriate to direct the first respondent to dispose it of expeditiously, within the stipulated time.

4. In view of the above observations, there shall be a direction to the first respondent to dispose of the appeal filed by the petitioner, dated 09.10.2024 as

expeditiously as possible, in any event, 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. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.

(M.S.R.,J.) (A.D.M.C.,J.) 19.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The Secretary, State of Tamil Nadu, Housing and Urban Development Department, Fort St.George, Secretariat, Chennai - 600 009.

2.The Executive Officer, Vilavoor First Grade Town Panchayat, Moolachel, Kanniyakumari District.

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 19.11.2024