R.Manickam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :01.02.2023 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR Writ Petition No.2293 of 2023 R.Manickam ... Petitioner -Vs1. The District Collector, Krishnagiri District, O/o.The Collectorate, Krishnagiri.

2. The Revenue Commissioner, Krishnagiri.

3. The District Revenue Officer, O/o. District Revenue Department, Krishnagiri District, Krishnagiri.

4. The Tahsildar, Pochampalli Taluk, Krishnagiri.

5. Mr.Raja

6. Mr.Muniyappan ... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the 2nd respondent to pass orders on the enquiry conducted by him on 19.04.2022 vide Na.Ka.No.28160/2016/J1, dated 08.04.2022 within a time frame.

1/5

For Petitioner : Mr.K.Balasubramaniam For Respondents : Mrs.N.Senthil Selvi Government Advocate [R1 to R4]

ORDER

The prayer sought for herein is for a writ of mandamus directing the 2nd respondent to pass orders on the enquiry conducted by him on 19.04.2022 vide Na.Ka.No.28160/2016/J1, dated 08.04.2022 within a time frame.

2. In order to rectify the UDR patta, the petitioner had given an application to the second respondent, who on receipt of the same, having entertained the said application, conducted an enquiry as early as on 19.04.2022, however, no final order has been passed by the second respondent i.e., District Revenue Officer, hence, the petitioner has filed the present writ petition.

3. Heard Mr.K.Balasubramaniam, learned counsel appearing for the petitioner and Mrs.N.Senthil Selvi, learned Government Advocate appearing for the official respondents.

2/5

4. In view of the order going to be passed, notice to the private respondents is hereby dispensed with.

5. Learned Government Advocate appearing for the official respondents would submit that, if enquiry has already been completed, orders would be passed immediately, otherwise if the enquiry is still going on, which would also be completed and within a reasonable time orders would be passed by the second respondent, he contended.

6. Having regard to the said submission made by the learned Government Advocate appearing for the official respondents, this Court is inclined to dispose of this writ petition with the following order: That there shall be a direction to the second respondent to consider the application submitted by the petitioner with regard to the rectification of UDR patta and based on which, if the enquiry has already been conducted, where the petitioner as well as the private respondents have been given an opportunity of being heard, the second respondent can pass final orders, if the enquiry is yet to be completed, such enquiry shall be completed by giving an opportunity of being heard to both the 3/5

petitioner as well as the private respondents and final orders shall be passed thereon within a period of six(6) weeks from the date of receipt of a copy of this order.

With this direction, this writ petition is disposed of. No costs. 01.02.2023 Index : Yes/No Speaking order: Yes/No mp To

1. The District Collector, Krishnagiri District, O/o.The Collectorate, Krishnagiri.

2. The Revenue Commissioner, Krishnagiri.

3. The District Revenue Officer, O/o. District Revenue Department, Krishnagiri District, Krishnagiri.

4. The Tahsildar, Pochampalli Taluk, Krishnagiri.

R. SURESH KUMAR, J.

4/5

mp Writ Petition No.2293 of 2023 01.02.2023 5/5