Udumalai Nadar Uravinmuraiyar Sangam, v. The District Collector And The District Revenue Officer,

IN THE HIGH COURT JUDICATURE AT MADRAS

DATED: 11.01.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.874 of 2019 Udumalai Nadar Uravinmuraiyar Sangam, Rep. by its Secretary, Reg. No.17/84, Door No.81, Sadhasivam Pillai Veedhi, Udumalaipettai, Tiruppur District - 642 126.

... Petitioner Vs.

1. The District Collector and The District Revenue Officer, Tiruppur District, Tiruppur.

2. Sri.S.Ashokan, The Revenue Divisional Officer, Udumalaipettai, Tiruppur District.

3. Smt. Dr. Sivakani ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to appoint a new Revenue Divisional Officer or any other officer of the similar cadre to decide the proceedings under Section 145 of

Criminal Procedure Code in MC No.4/2012/A2, between the petitioner and the third respondent on the basis of the representation given by the petitioner dated 22.10.2018. For Petitioner : M/s.S.Kala For Respondents :

ORDER

This Writ Petition has been filed seeking for a direction to the first respondent to allot the 145 proceedings pending before the second respondent to some other Revenue Divisional Officer or to any other officer in the similar cadre.

2.

Based on the complaint given by the police, the second respondent initiated 145 proceedings and issued notice to both the parties. This petitioner had questioned the integrity of the second respondent on the ground that the officer is biased. Therefore, the second respondent by his proceedings dated 29.10.2018 has refused to go further with the proceedings and has directed the parties to get an appropriate order before the Court. The learned counsel for the petitioner would submit that

the proceedings are unnecessarily pending for more than a year without any progress. Therefore, the learned counsel for the petitioner would submit that the second respondent can be directed to complete the proceedings within a time limit stipulated by this Court.

4.

In the facts and circumstances of the case, the second respondent is directed to call all the interested parties and conduct an enquiry under Section 145 of Criminal Procedure Code and shall complete the eqnuiry and pass final orders within a period of eight weeks from the date of receipt of a copy of this order. No cost. 5.

Accordingly, this Writ Petition is disposed of. No costs. 11.01.2019 Index: Yes/No Internet: Yes/No dh/rka

To The District Collector and The District Revenue Officer, Tiruppur District, Tiruppur.

N.ANAND VENKATESH, J., dh/rka W.P.No.874 of 2019 11.01.2019