Justice S. M. Subramaniam and Justice C. Kumarappan noted that courts and statutory authorities should process appeals and revisions systematically, based on seniority, and record reasons if any preference is given. A blanket direction for early disposal could prejudice others waiting for their cases to be heard. ¹
[30/01, 10:30] Sekarreporter: While dismissing a petition seeking disposal of an appeal in a land encroachment case, the Madras High Court has held that while issuing a direction to dispose of the cases by the District Courts, statutory authorities, the High Court has to take into consideration the urgency required and the possibility of disposal of those cases within the fixed timeline. The High Court also held that a blanket direction may cause prejudice to other persons waiting for a long time for the disposal of their cases. The Writ Petition before the High Court was filed under Article 226 for the issuance of a Writ of Mandamus directing the District Collector to dispose of the appeal along with the stay application filed against a notice issued under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. Also Read – Addition Of Gasifier Crematorium Is Only To Benefit Community: Madras High Court Dismisses Petition Challenging Isha Foundation’s Construction Of… The Division Bench of Justice S. M. Subramaniam and Justice C. Kumarappan held, “Every Court or statutory Authority is expected to dispose of the appeals, revisions, etc., systematically and in the order of seniority and if any preference is required, reasons must be recorded. By securing a direction from the High Court if any particular matter alone is disposed of, it would cause prejudice to the other persons, who are all waiting for disposal of their appeals, revisions, etc. before the Authorities. In other words, a blanket direction may cause prejudice to other persons, who are all waiting for long time for disposal of their cases.” “Therefore, the High Court, while issuing a direction to dispose of the cases by the District Courts, statutory Authorities, etc. has to take into consideration the urgency required and possibility of disposal of those cases within the timeline, if any, fixed by the High Court. Even in some cases directions are issued, and parties may not cooperate for early disposal. Then, it will cause inconvenience to the Authorities”, it added.
https://www.verdictum.in/court-updates/high-courts/madras-high-court/ponmudi-v-the-district-collector-early-disposal-blanket-direction-prejudice-others-1605947
[30/01, 10:30] Meta AI: The Madras High Court recently emphasized the importance of considering urgency and feasibility when directing the disposal of cases. The court was reviewing a petition seeking a directive for the District Collector to expedite an appeal related to a land encroachment case under the Tamil Nadu Land Encroachment Act, 1905.
The Division Bench of Justice S. M. Subramaniam and Justice C. Kumarappan noted that courts and statutory authorities should process appeals and revisions systematically, based on seniority, and record reasons if any preference is given. A blanket direction for early disposal could prejudice others waiting for their cases to be heard. ¹
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