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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
C.V. KARTHIKEYAN, J.
P. Kenath Anderson - Appellant
Versus
The Secretary to Government, Revenue Department, Chennai & Others - Respondents
W.P. (MD) No. 5887 of 2023 & W.M.P. (MD) No. 5927 of 2023
Decided On : 28-03-2023
Writ of Mandamus - Enquiry Proceedings - The court directed the fifth respondent to dispose of the enquiry proceedings within a specific time period.
Fact of the Case:
The petitioner sought a direction against the fifth respondent to pass necessary orders consequent to an enquiry conducted, relating to the issuance of patta.
Finding of the Court:
The court allowed the impleadment of additional respondents and directed the fifth respondent to pass necessary orders in the manner known to law, after following due procedure, within a specified time period.
Issues: Delay in passing necessary orders by the fifth respondent.
Ratio Decidendi: The court emphasized the need for the fifth respondent to follow due procedure and pass necessary orders within a specific time period.
Final Decision: The Writ Petition was disposed of with a direction for the fifth respondent to pass necessary orders within a specified time period.
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, directing the fifth respondent to dispose of the enquiry proceedings in Na./Kaa4/4927/2022 within a time fixed by this Court.)
1. This Writ Petition has been filed seeking a direction against the fifth respondent to pass necessary orders consequent to enquiry conducted in Na.Ka.No.A4/4927/2022 within specific time period.
2. It is stated that the petitioner had given an application before the fifth respondent relating to issuance of patta and enquiry had been conducted by the fifth respondent.
3. The notices issued by the fifth respondent had been enclosed as a document in the Writ Petition.
4. The petitioner also filed W.M.P.(MD)No.5927 of 2023 in W.P.(MD)No.5887 of 2023 to implead the respondents 6 to 9, as contesting parties to the enquiry.
5. The learned Special Government Pleader stated that though the notices had been issued by the fifth respondent / Tahsildar, the other respondents have not responded. But at any rate, let the Tahsildar may pass necessary orders in the manner known to law, after following due procedure. The said order should be passed on or before 30.04.2023.
6. W.M.P(MD)No.5927 of 2023 is allowed and the respondents therein, may be impleaded as respondents in the Writ Petition before issuing the order copy.
7. This Writ Petition stands disposed of. There shall be no order as to costs.
The court can issue a Writ of Mandamus to direct a public authority to perform its duties in a specific manner within a specified time period.
A Writ of Mandamus will be dismissed as infructuous when the subject matter of the grievance has been addressed by the concerned authority through a subsequent order.
Mandamus issued to expedite near-complete administrative enquiry on patta grant challenge.
A Writ of Mandamus to compel an administrative enquiry becomes infructuous when the concerned authorities verify that the investigation has already been concluded and the report is ready for issuance....
Mandamus directs authorities to decide representations after fair enquiry and hearing within stipulated time.
The court reinforces the obligation of administrative authorities to adhere to procedural fairness in conducting inquiries under constitutional mandates.
The court emphasized the obligation to conduct an enquiry as mandated by law within a specified timeframe.
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