Case Note & Summary
The petitioner, M. Thangaraj, filed a Writ of Mandamus before the Madras High Court seeking a direction to the 3rd respondent, the Revenue Divisional Officer, Erode, to conduct an enquiry and dispose of his appeal dated 13.10.2020. The appeal challenged an order passed by the Tahsildar (4th respondent) on 17.09.2019. The petitioner argued that despite filing the appeal in 2020, no action had been taken for about 5½ years. The court observed that it does not ordinarily direct authorities to dispose of applications out of turn unless urgency is established, as routine directions would not serve the cause of justice. However, in cases where petitions are kept pending for a long time, court intervention becomes necessary. Considering the facts and circumstances, the court directed the 3rd respondent to dispose of the petitioner's application dated 13.10.2020 as expeditiously as possible, after affording an opportunity to the parties concerned. The writ petition was disposed of with no order as to costs.
Headnote
A) Writ Law - Mandamus - Disposal of Pending Representation - Inordinate Delay - The court considered a writ petition seeking direction to dispose of an appeal pending for 5½ years - Held that routine directions are not issued unless urgency is established, but where petitions are kept pending for long, court intervention is necessary - The 3rd respondent was directed to dispose of the application dated 13.10.2020 expeditiously after affording opportunity (Paras 2-3).
Issue of Consideration
Whether the court should direct the Revenue Divisional Officer to dispose of a pending appeal filed in 2020, considering the lapse of 5½ years.
Final Decision
The 3rd respondent (Revenue Divisional Officer, Erode) is directed to dispose of the petitioner's application dated 13.10.2020 as expeditiously as possible, after affording an opportunity to the parties concerned. The Writ Petition is disposed of. No costs.
Law Points
- Writ of Mandamus
- disposal of representation
- inordinate delay
- administrative efficiency
