The Court issued a writ of mandamus directing the First Respondent to dispose of a pending original petition filed by the Second Respondent under the Pondicherry City Tenants Protection Act within eight weeks.
Direction to pass final orders in O.P. No. 2 of 2013 within eight weeks of receiving a copy of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.02.2021
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P. No.26221 of 2018 & WMP.No.30442 of 2018
1.Rabiyathul Bashiriya 2.Mumthaj Nisha ...Petitioners Vs
2.Karunanithi ...Respondents
Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus, directing the first respondent to pass orders on merits in O.P.No.2 of 2013 filed under Section 7 of the Pondicherry Cultivating Tenants Protection Act, 1971.
For petitioner ... Mr.N.A.Nissar Ahmed For Respondent ... Mr.V.Shanmuga Sundar Special Government Pleader ORDER
This writ petition has been filed for a mandamus seeking for a direction to the first respondent to pass final orders on merits and in accordance with law in O.P.No.2 of 2013 filed by the second respondent under section 7 of the Pondicherry City Tenants Protection Act, 1971.
his favour. According to them, till date O.P.No.2 of 2013 has not been disposed of. In such circumstances, this writ petition has been filed.
s/dAssistant Registrar(CS VI)
True Copy
Sub-Assistant Registrar
nl
To
+1cc to M/s.N.A.Nissar Ahmed, Advocate, Sr.No.10466
+1cc to the Government Pleader, SR.No.10898
W.P. No.26221 of 2018
GMI(CO)
KKV/10/03/2021
3 issues framed by the court
Whether the respondent authority should be directed to dispose of a pending original petition filed under the Pondicherry City Tenants Protection Act expeditiously.
Whether a writ of certiorari or mandamus can be issued directing the first respondent to pass final orders on merits within a fixed period.
Whether the petitioner has suffered prejudice due to the delay in disposal of O.P. No. 2 of 2013.
3 provisions across 3 enactments
Rabiyathul Bashiriya & Mumthaj Nisha
The Presiding Officer under Cultivating Tenants Protection Act Cum The Deputy Collector (Rev.) DCR Office Karaikal
Karunanithi
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
